Progressive Specialty Insurance Company v. The Estate of Jack William Mock et al

Filing 28

OPINION AND ORDER: It is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 27 ) is adopted. (2) Plaintiffs application for entry of default judgment (doc. no. 20 ) is (a) granted to the extent that the application seeks a clerks entry of default and (b) denied without prejudice as to the request for a default judgment. (3) Default is entered against the defendant Estate of KLN. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/9/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION PROGRESSIVE SPECIALTY INSURANCE COMPANY, ) ) ) Plaintiff, ) ) v. ) ) THE ESTATE OF JACK WILLIAM ) MOCK, Deceased; et al.; ) ) Defendants. ) CIVIL ACTION NO. 1:16cv220-MHT (WO) OPINION AND ORDER Plaintiff seeking a filed this declaratory-judgment determination of its action rights and responsibilities under a written policy of insurance. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s application for entry of default judgment against the Estate of KLN be granted only to the extent the application seeks a clerk’s entry of default. There recommendation. are After no an objections independent and to the de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. * * * Accordingly, it is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 27) is adopted. (2) Plaintiff’s application for entry of default judgment (doc. no. 20) is (a) granted to the extent that the application seeks a clerk’s entry of default and (b) denied without prejudice as to the request for a default judgment. (3) Default is entered against the defendant Estate of KLN. This case is referred back to the magistrate judge for further proceedings. DONE, this the 9th day of February, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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