Guardian Life Insurance Company of America, The v. Smith

Filing 20

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 8/4/14. (SAC )

FILED
2014 Aug-04 PM 04:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA, The,
Plaintiff,
vs.
JAMES SMITH,
Defendant.

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Case No.

4:13-cv-02167 -KOB

MEMORANDUM OPINION

On July 8, 2014, the magistrate judge filed his report and recommendation in
this case; he recommended that the Plaintiff Guardian Life Insurance Company of
America’s unopposed motion for declaratory judgment against Defendant James
Smith be granted (doc. 16) and default judgment be entered in favor of the Plaintiff
and against Defendant. (Doc. 18). Neither party filed any objections. The magistrate
judge directed the clerk to randomly draw a district judge to review the objections.
(Doc. 19). The undersigned was drawn to conduct the review.
Having now carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the court is of the opinion that

the report is due to be and hereby is ADOPTED, and the recommendation is
ACCEPTED. Consequently, the Plaintiff’s motion (doc. 16) is due to be GRANTED
and Declaratory Judgment is due to be entered for the Plaintiff and against the
defendant. An order of final judgment will be entered contemporaneously.
The Clerk is DIRECTED to mail a copy of the foregoing opinion to the
Defendant.
DATED the 4th day of August, 2014.

________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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