Automated Summary
Key Facts
Plaintiff Dana McAllister filed a motion for default judgment against three defendants (Maan Ekkah, Merna Jarbo, and Maan Ekkah M.D., P.C.). The Magistrate Judge recommended denial, citing incomplete service of process and procedural deficiencies. The District Court accepted the recommendation without objections, finding no clear error in the record.
Issues
The Court accepted the Magistrate Judge's Report and Recommendation dated December 18, 2025, and denied Plaintiff Dana McAllister's motion for default judgment against Defendants Maan Ekkah, Merna Jarbo, and Maan Ekkah M.D., P.C., d/b/a CoreMed Plus. The Court reviewed the R&R for clear error and found none, thus upholding the recommendation.
Holdings
The court accepted the Magistrate Judge's recommendation and denied the plaintiff's motion for default judgment against the defendants, finding no clear error in the recommendation and noting no objections were filed.
Remedies
The Court denies Plaintiff Dana McAllister's motion for default judgment against Defendants Maan Ekkah, Merna Jarbo, and Maan Ekkah M.D., P.C., d/b/a CoreMed Plus, following acceptance of the Magistrate Judge's recommendation. The R&R concluded the motion should be denied, and no objections were filed by the parties.
Legal Principles
The court applied the principle that failure to file timely objections to a magistrate's report and recommendation waives the right to further judicial review. Additionally, the court must review the report for clear error if no objections are filed, as per Fed. R. Civ. P. 72(b)(2) and the cited cases.
Precedent Name
- Cephas v. Nash
- Lardie v. Birkett
- Thomas v. Arn
- Smith v. Detroit Fed'n of Teachers
Cited Statute
Federal Rules of Civil Procedure
Judge Name
Mark A. Goldsmith
Passage Text
- The parties have not filed objections to the R&R, and the time to do so has expired. See Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a waiver of the right to further judicial review. ... Therefore, the Court has reviewed the R&R for clear error. On the face of the record, the Court finds no clear error and accepts the recommendation.
- In the R&R, the Magistrate Judge recommends that the Court deny Plaintiff Dana McAllister's motion for default judgment against Defendants Maan Ekkah, Merna Jarbo, and Maan Ekkah M.D., P.C., d/b/a CoreMed Plus.
- Accordingly, the Court denies the motion.