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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Baltimore Line Handling Co., Plaintiff, v. Shannon Brophy, et al. Defendants. MEMORANDUM This case involves a breach of contract claim arising under the Court's admiralty jurisdiction. Baltimore Line Handling Company ("Baltimore Line"), plaintiff, has sued Shannon Brophy, defendant, seeking $119,475 allegedly due and owing for "line handling services" provided by Baltimore Line to Ms. Brophy at the Piney Point marine terminal from 2006 to 2009. See Complaint (ECF 1).1 Ms. Brophy was personally served on February 19, 2010 (ECF 6, Ex. 1), but did not file an answer or otherwise participate in the litigation. Accordingly, the Clerk entered a default against her on March 15, 2010 (ECF 8). Now pending before this Court is Baltimore Line's Motion for Entry of Default Judgment ("Default Motion") (ECF 11). By Order entered March 17, 2010 (ECF 10), the Court Civil Action No.: ELH-09-03018

(Quarles, J.)2 referred the Default Motion to Magistrate Judge Susan K. Gauvey. She issued her Report and Recommendations ("Report") on October 4, 2010 (ECF 17), recommending the

Baltimore Line also named Brophy's father, Kevin Brophy, as a defendant, but subsequently dismissed the claim against him after learning of his death. See Notice of Voluntary Dismissal (ECF 5).
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This case was transferred from Judge William D. Quarles, Jr. to me on January 17,

2011.

denial of Baltimore Line's Default Motion. On October 15, 2010, Baltimore Line timely filed its "Objection/Response" to the Report. (ECF 19). In addition, Baltimore Line has filed a "Motion for Sanctions and Order Compelling Discovery" ("Sanctions Motion") (ECF 21). It concerns a deposition of Ms. Brophy on

December 20, 2010, at which she appeared without counsel and refused to answer any questions. Both the Default Motion and the Sanctions Motion are ripe for decision, and no hearing is necessary. See Local Rule 105.6. For the reasons that follow, the Court overrules Baltimore Line's Objection/Response; adopts Judge Gauvey's Report; denies the Default Motion, without prejudice; and, as to the Sanctions Motion, grants it in part and denies it in part. Standard of Review of a Magistrate Judge's Report and Recommendation Under the Magistrate Judges Act, 28 U.S.C.

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