UNION OF ORTHODOX JEWISH CONGREGATIONS OF AMERICA v. FLEET TECHNOLOGIES, LLC
2:05-cv-04605
D.N.J.
Sep 13, 2007
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Docket

*1 Case 2:05-cv-04605-WHW-CCC Document 39 Filed 09/13/07 Page 1 of 1 PageID: 364

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. M ADELINE COX ARLEO ROOM 2060 UNITED STATES MAGISTRATE JUDGE NEWARK, NJ 07101 973-297-4903

September 12, 2007

Lewis B. Cohn, Esq.

Witman, Stadtmauer & Michaels, P.A.

26 Columbia Turnpike

Florham Park, NJ 07932-2246

VIA REGULAR & CERTIFIED MAIL, R.R.R.

Mark Lomakin

Nina Lomakin

Tony Lomakin

c/o Pure Spring Water Company

70 Clinton Road

Fairfield, NJ 07004

REPORT AND RECOMMENDATION Re: Union of Orthodox Jewish Congregations of America v. Fleet Technologies Civil Action No. 05-4605 (WHW) Dear Counsel:

By Order dated November 27, 2006, Magistrate Judge Hedges entered an Order recommending that defendant Pure Springs Water Company, a corporate entity not represented by counsel, have its pleadings stricken and a default entered against it. (Docket Entry No. 31). However, that Order was not styled as a Report and Recommendation as required by the local rules. This Report and Recommendation clarifies Judge Hedges’ prior Order.

Under Third Circuit Law, a corporate entity must be represented by counsel. Simbraw v. U.S., 367 F.2d 373 (3d Cir. 1966). No attorney has entered an appearance on behalf of Pure Springs Water Company. Accordingly, this Court hereby recommends that its pleadings be stricken and a default be entered against it. Pure Springs has ten (10) days to file any written objections.

SO ORDERED.

s/Madeline Cox Arleo MADELINE COX ARLEO United States Magistrate Judge cc: Clerk

Hon. William H. Walls, U.S.D.J.

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