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Moran v. A/C Financial

September 28, 2006

H. THOMAS MORAN, II PLAINTIFF,
v.
A/C FINANCIAL, INC. DEFENDANTS



The opinion of the court was delivered by: District Judge Thomas M. Rose

ENTRY AND ORDER DENYING DEFENDANT'S RESPONSE TO DECISION AND ENTRY

This matter comes before the Court pursuant to a filing entitled "Defendant's Response to Decision and Entry" (Doc. 595-3) filed with the Court August 29, 2006 and Receiver's Response to Defendant Ernest Bustos' Response to Decision and Entry (Doc. #602-1) filed September 8, 2006.

On July 24, 2006, Magistrate Judge Ovington issued Report and Recommendations (Doc. #586) that, among other rulings on other Motions, granted Receiver's Motion to Strike a Reply Memorandum filed by Bustos approximately 6 months late and overruling Bustos' "Motion for special appearance of venue subject to the special appearance."

In said Report and Recommendations, the Court ordered objections to be filed no later than 13 days. On August 15, 2006, approximately 21 days after the Report and Recommendations with no objections filed, this Court adopted the Report and Recommendations.

On August 29, 2006, Bustos filed "Defendants Response to Decision and Entry" (Doc.#595-3) with attachments requesting the Court to consider his objections to the Magistrate Judge's Report and Recommendations. However, the attachments to said pleading included certified postal receipts but did not include any objections.

The Court has reviewed the docket from the date of the Magistrate's filing of the Report and Recommendations up to the filing of this Entry and Order. At no place on the records of this Court is there a document which would be considered objections to the Report and Recommendations.

Although the Defendant Bustos continually refers to Objections there have been no objections filed of record or attached to any filing that has been made with the Court. There is also no recitation of objections anywhere in the pleadings filed by Defendant Bustos.

The Court finds the Defendant's Response to Decision and Entry (Doc. #595-3) which it considers a Motion for the Court to Reconsider its Judgment Adopting the Report and Recommendations not well-founded and DENIES same.

IT IS SO ORDERED.

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

20060928

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