UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 24, 2010
PERT 35, INC., PLAINTIFF,
AMARI AVIATION LTD. C/O ABSOLUTE AVIATION (PTY) LTD., DEFENDANT.
The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge
DECISION & ORDER
The Hon. David E. Peebles, United States Magistrate Judge, has issued a Report and Recommendation in the above-captioned matter wherein he recommends: that the answer of defendant Amari to plaintiff's complaint in this action, including its response to plaintiff's complaint, affirmative defenses, and counterclaim, Dkt. No. 26, be stricken, that plaintiff's application for the entry of default on the part of defendant Amari be GRANTED, and that the clerk be directed to enter default judgment in favor of plaintiff and against defendant in the amount of $988,980.00 USD.
March 5, 2010 Rep. & Rec., dkt. # 36.
No objections to the Report and Recommendation have been filed, and the time to do so has expired. Having examined the record, the Court determines that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report and Recommendation for the reasons stated therein.
It is therefore, ORDERED that the Answer of Defendant Amari to Plaintiff's Complaint in this action, including its response to Plaintiff's Complaint, affirmative defenses, and counterclaim, Dkt. No. 26, is STRICKEN; and it is further
ORDERED that Plaintiff's application for the entry of default on the part of Defendant Amari is GRANTED, and the Clerk of the Court is directed to enter default judgment in favor of Plaintiff and against Defendant in the amount of $988,980.00 USD.
IT IS SO ORDERED
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