Zurich American Insurance Company v. Bulldog Marine, Inc. et al

Filing 54

ORDER ADOPTING the 49 REPORT AND RECOMMENDATIONS. Plaintiff's 41 MOTION for Entry of Default is GRANTED. The Answer (Doc. 10) is STRICKEN as to all defendants except Pedro Baez. The Clerk is directed to enter default against defendants Bulldog Marine, Inc.; Bulldog Marine, LLC; Blacktip Partners, Inc.; Blacktip Marine Partners, LLC; Brian Hall; and Brenda Hall. Signed by Chief Judge William H. Steele on 12/16/2014. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ZURICH AMERICAN INSURANCE
COMPANY,
Plaintiff,
v.
BULLDOG MARINE, INC., et al.,
Defendants.

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) CIVIL ACTION 14-0294-WS-N
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ORDER
This matter is before the Court on the plaintiff’s motion for entry of default
under Rule 55(a). (Doc. 41). The motion is directed against all defendants except
Pedro Baez. All of the defendants have filed an answer, (Doc. 10), and entry of
default against a defendant is not permitted under Rule 55(a) so long as an answer
remains pending as to that defendant. The report and recommendation (“R&R”)
of the Magistrate Judge recommends that the answer be stricken as to these
defendants and that the motion for entry of default then be granted. (Doc. 49 at 5).
The Federal Rules of Civil Procedure provide for such a sequence. E.g., Eagle
Hospital Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1302-03, 1307
(11th Cir. 2009); Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1366 (11th
Cir. 1997).
The parties declined the opportunity to object to the R&R. After due and
proper consideration of all portions of the file deemed relevant to the issues raised,
the R&R made under 28 U.S.C. § 636(b)(3) and dated November 20, 2014,
including the entirety of the previous order discussed therein, (Doc. 45), is
adopted as the opinion of the Court.
Accordingly, it is ordered that:
1. The plaintiff’s motion for entry of default is granted;

2. The answer, (Doc. 10), is stricken as to all defendants except Pedro E.
Baez; and
3. The Clerk is directed to enter default against defendants Bulldog
Marine, Inc.; Bulldog Marine, LLC; Blacktip Partners, Inc.; Blacktip Marine
Partners, LLC; Brian Hall; and Brenda Hall.
DONE and ORDERED this 16th day of December, 2014.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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