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Simpson v. VSP North America, LLC

United States District Court, W.D. Michigan

January 25, 2019

Edward F. Simpson, et al., Plaintiffs,
v.
VSP North America, LLC, et al., Defendants.

          Hon. Janet T. Neff Judge

          REPORT AND RECOMMENDATION

          ELLEN S. CARMODY U.S. MAGISTRATE JUDGE

         This matter is before the Court on Plain;tiff's Motion for Default Judgment (ECF No. 152), which was referred to the undersigned by the Honorable Janet T. Neff for report and recommendation under 28 U.S.C. §636(b)(1)(B). A hearing on the motion was held January 22, 2019.

         After withdrawal of counsel for defendants was allowed by the court (ECF No. 144) and no appearance of substitute counsel was made, The court entered an order (ECF No. 150) whereby:

1. the Clerk of Court was directed to enter default against Defendant VSP North America, LLC and Defendant VS Products, Inc. for failure to appear and defend as required by law;
2. the deadline for defendants' response to outstanding discovery was extended to December 10, 2018; and
3. the parties were placed on notice that due to defendants' continuing failure to comply with Court deadlines and orders, plaintiffs could seek an entry of default as to any defendant(s) who failed to timely comply.

         Default was entered against the two corporate Defendants, VS Products, Inc, VSP North America on December 4, 2018 (ECF No. 151). On December 10, 2018, advising the court that no discovery from defendants had been forthcoming, plaintiffs filed a motion for default against Defendants John Von Stach and Graziella Stach, and for default judgment against all defendants (ECF No. 152). The motion is supported by affidavit (ECF No. 158).

         On December 28, 2018, the court entered an order setting an evidentiary hearing regarding the motion for default judgment for January 22, 2019, at 11:00 AM (ECF No. 154). Plaintiff, through counsel, appeared for the January 22, 2019 hearing on the motion for default judgment. The defaulting parties did not appear for the hearing or contact the court in any way.

         THE PARTIES

         As detailed in Plaintiffs' First Amended Complaint, Plaintiffs, Edward F. Simpson, et al., Plaintiffs entered into an agreement with the Defendants to loan money to the Defendants collateralized by receivables owed to the Defendants. Those loans were never repaid. Plaintiffs in their motion for default judgment request the entry of a default against Defendants John Von Stach and Graziella Stach as to all claims and allegations in the First Amended Complaint. As noted above, default was previously entered against Defendants, VS Products, Inc, VSP North America. Plaintiffs also seek default judgment against all defendants in the amounts listed below. No. defendant in this matter is a minor or an incompetent person.

         STANDARD

         The rule governing default judgment is Fed.R.Civ.P. 55(b), ...


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