United States of America for the Use and Benefit of Hammerhead Distribution Incorporated v. Safeco Insurance Company of America et al

Filing 42

REPORT AND RECOMMENDATIONS- Recommending that the court administratively close the present action pursuant to Title 11 of the United States Code, Section 362, pending resolution of the bankruptcy proceedings, termination of the automatic stay, and to the extent such claims against each defendant have not been adjudicated and/or discharged in the bankruptcy proceedings. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of t he Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 5/20/2013. Signed by Judge Sherry R. Fallon on 5/3/2013. (lih)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA FOR
THE USE AND BENEFIT OF
HAMMERHEAD DISTRIBUTION
INCORPORATED d/b/a MORRIS
GINSBERG COMPANY,
Plaintiff,
v.
SAFECO INSURANCE COMPANY OF
AMERICA, COMMONWEALTH
CONSTRUCTION CO., INC., BEST
INTERNATIONAL CONSTRUCTION
CO., INC. and KYU H. PARK,
Defendants.

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Civil Action No. 11-1160-SLR-SRF

REPORT AND RECOMMENDATION
At Wilmington this 3rd day of May, 2013, the undersigned Magistrate Judge having
issued two Reports and Recommendations denying without prejudice the plaintiffs motions for
default judgment as to remaining defendants Best International Construction Co., Inc. ("Best")
(D.I. 38) and Kyu H. Park ("Park") (D.I. 39), due to the chapter 11 bankruptcy filings of Best and
Park, and the court having entered orders adopting the undersigned Magistrate Judge's Reports
and Recommendations (D.I. 40, 41), I recommend that the court administratively close the
present action pursuant to Title 11 of the United States Code, Section 362, pending resolution of
the bankruptcy proceedings, termination of the automatic stay, and to the extent such claims
against each defendant have not been adjudicated and/or discharged in the bankruptcy
proceedings. Furthermore, the plaintiff shall file status reports with the court every six months,
and promptly notify the court when the case may be reopened and other appropriate action taken.

This Report and Recommendation is filed pursuant to 28 U.S.C. § 636(b)(1)(B), Fed. R.
Civ. P. 72(b)(l), and D. Del. LR 72.1. The parties may serve and file specific written objections
within fourteen (14) days after being served with a copy of this Report and Recommendation.
Fed. R. Civ. P. 72(b). The failure of a party to object to legal conclusions may result in the loss
of the right to de novo review in the district court. See Henderson v. Carlson, 812 F.2d 874, 87879 (3d Cir. 1987); Sincavage v. Barnhart, 171 F. App'x 924,925 n.1 (3d Cir. 2006).
The parties are directed to the Court's Standing Order In Non-ProSe Matters For
Objections Filed Under Fed. R. Civ. P. 72, dated November 16, 2009, a copy of which is
available at http://www.ded.uscourts.gov/court-info/local-rules-and-orders/general-orders.

Dated: May 3, 2013

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