United States District Court, N.D. Indiana, Hammond Division
PLAINTIFF ROBERT GALLAGHER, PRO SE
DEFENDANT NADA PAJEVIC, PRO SE
OPINION AND ORDER AND FINDINGS, REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO
28 U.S.C. § 636(b)(1)(B) & (C)
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on a Motion for a Default Judgment
by the Court [DE 25], filed by Plaintiff Robert Gallagher on
June 25, 2018.
27, 2018, District Court Judge Joseph S. Van Bokkelen entered
an Order [DE 26] referring this matter to the undersigned
Magistrate Judge for a report and recommendation on the
Motion for a Default Judgment by the Court [DE 25] pursuant
to 28 U.S.C. § 636(b)(1)(B). This Report constitutes the
undersigned Magistrate Judge's combined proposed findings
and recommendations pursuant to 28 U.S.C. §
636(b)(1)(C). The Court recommends that Judge Van Bokkelen
deny the Motion for a Default Judgment by the Court [DE
25]and sua sponte vacate the June 24, 2016 Clerk's Entry
of Default [DE 9].
addition, the undersigned Magistrate Judge, on his own
authority, vacates the August 24, 2016 Opinion and Order
striking Pajevic's July 12, 2016 “Answer, ”
reinstates Defendant Pajevic's July 12, 2016
“Answer, ” vacates the July 31, 2018 motion
hearing, and orders Gallagher to file a supplemental
jurisdictional statement as set forth below.
August 31, 2015, Plaintiff Robert Gallagher filed a pro se
Complaint against Defendant Nada Pajevic. Both Gallagher and
Pajevic are proceeding without counsel in this matter.
Complaint, Gallagher alleges claims of defamation, libel, and
intentional infliction of emotional distress against Pajevic.
Specifically, Gallagher alleges that Pajevic made physical
threats and threats of committing legal abuses so severe that
Gallagher called the police; that Pajevic wrote a
“patently false statement, in an email, where she
firmly stated that [Gallagher] had stole[sic] her company
printer”; that Pajevic wrote “another knowingly
and absolutely false email statement where she firmly stated,
(again, not an opinion), that she had a video of [Gallagher]
damaging the door of her vehicle”; that Pajevic filed
an order of protection against Gallagher; that Pajevic filed
a false claim in small claims court falsely alleging that
Gallagher had possession of her property; that Pajevic
committed perjury in family court when she claimed that she
feared Gallagher and implied that Gallagher was stalking her;
and that Pajevic caused Gallagher to be brought into family
court in Indiana.
been served with the summons and Complaint on October 10,
2015, Pajevic's answer was due on November 2, 2015.
21, 2016, the Clerk of Court issued a notice that pursuant to
Northern District of Indiana Local Rule 41-1, the case may be
dismissed for lack of prosecution because Gallagher had taken
no action in the case for over six months.
23, 2016, Gallagher filed a Motion for Clerk's Entry of
Default against Pajevic, signing a sworn affidavit seeking
damages in the amount of one million dollars. (ECF 8).
24, 2016, the Clerk of Court issued a Clerk's Entry of
Default against Pajevic. (ECF 9).
12, 2016, Pajevic filed a document with the court, docketed
as an “Answer, ” offering an answer to
Gallagher's Complaint and asking that the matter be
dismissed. (ECF 12). Pajevic attached 21 pages of exhibits.
In the “Answer, ” Pajevic states that
Gallagher's allegations have no basis in fact; that
Gallagher has filed multiple frivolous cases/complaints in
Illinois against her, all of which have been dismissed; that
she has a 2-year order of protection against Gallagher; that
Gallagher does not reside in Indiana but has been
continuously living in Illinois for over ...