United National Insurance Company v. Indian Harbor Insurance Company et al

Filing 39

ORDER REASSIGNING CASE. Case reassigned to Judge L Scott Coogler for all further proceedings. Magistrate Judge Madeline H Haikala no longer assigned to case, ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATIONS parties' motion for approval of settlement (doc 23 ) is GRANTED; Counsel's motion to appear pro hac vice without payment of prescribed fee (doc 38 ) is also GRANTED; this case is DISMISSED with prejudice, costs are taxed as paid. Signed by Judge L Scott Coogler on 9/25/13. (ASL)

FILED
2013 Sep-25 PM 03:25
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
UNITED NATIONAL
INSURANCE COMPANY,
Plaintiff;
vs.
INDIAN HARBOR INSURANCE
COMPANY, et al.,
Defendants.

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6:12-cv-1926-LSC

ORDER
The Court has before it the Joint Motion to Approve Settlement of this
declaratory judgment action, which was filed by all parties except defendants Middle
Tennessee Lumber Company, Inc. (“Middle Tennessee Lumber”) and William D.
Joyce, Jr. (“Joyce”). (Doc. 23.) At the time of the filing of the joint motion to
approve settlement, Middle Tennessee Lumber and Joyce had never appeared in this
matter. The magistrate judge filed a report and recommendation on July 16, 2013,
recommending that the motion be granted and that the district court approve the
proposed settlement and dismiss this action with prejudice, with costs to be taxed as
paid. (Doc. 32.) The report and recommendation states, among other things, that all
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parties who have appeared in this proceeding have stipulated and agreed that no
coverage exists under the two insurance policies at issue in this matter. The time for
filing objections passed with no objections filed by any party. The undersigned judge
was randomly selected to issue a ruling on the magistrate judge’s report and
recommendation. The undersigned judge then held a telephone conference with the
parties on September 4, 2013.
On September 24, 2013, counsel for defendants Middle Tennessee Lumber and
Joyce filed a Motion for Leave to Appear Pro Hac Vice for the limited purpose of filing
a Notice of Consent to Judgment. (Doc. 39.) In said motion, counsel requests that the
Court waive the prescribed fee for appearance pro hac vice. Contemporaneously,
defendants Middle Tennessee Lumber and Joyce, through counsel, filed a Notice of
Consent to Judgment which states that they also consent to an entry of judgment that
no coverage exists under the two insurance policies at issue. (Doc. 36.)
Accordingly, and having 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 magistrate judge’s report is due to be and is hereby ADOPTED
and the magistrate judge’s recommendation that the Court approve the settlement is
ACCEPTED, with the addition of the Notice of Consent to Judgment that has now

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been filed by defendants Middle Tennessee Lumber and Joyce. The parties’ motion
for approval of the settlement (Doc. 23) is hereby GRANTED. Counsel’s motion to
appear pro hac vice without payment of the prescribed fee (Doc. 38) is also
GRANTED, as counsel’s appearance was limited to consenting to a judgment that
had already been recommended by the magistrate judge and has now been approved
by this Court.
This case is therefore DISMISSED with prejudice. Costs are taxed as paid.
Done this 25th day of September 2013.

L. Scott Coogler
United States District Judge
[160704]

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