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, )

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