UNICARE LIFE & HEALTH INSURANCE COMPANY v. GALVAN et al

Filing 11

ORDER adopting 10 Report and Recommendation; granting 8 Motion for Default Judgment against Connie Galvan. Signed by SENIOR JUDGE STEPHAN P MICKLE on 12/15/2011. The Clerk is hereby directed to enter a default judgment agai nst Connie Galvan foreclosing any claim she may have to the remaining proceeds to be deposited into the Courts registry. Unicare is hereby ordered to deposit the remaining proceeds of $22,000.00, plus any applicable interest, into the Courts r egistry within fourteen (14) days of the date of the Courts Order adopting this report and recommendation. The Clerk is hereby directed to disburse the remaining proceeds of $22,000.00, plus applicable interest, to Defendant Cheryl Ann Morgan after the funds are deposited into the Courts registry and upon the filing of a motion by Defendant Cheryl Ann Morgan requesting disbursement to her of the funds in the Courts registry. (kdm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

UNICARE LIFE & HEALTH
INSURANCE COMPANY,
Plaintiff,
v.

Case No. 1:11-cv-61-SPM/GRJ

CONNIE GALVAN and CHERYL
ANN MORGAN,
Defendants.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Report and Recommendation (doc. 10). Defendants have been
afforded an opportunity to file objections. No objections were filed. Upon
consideration, I have determined that the Report and Recommendation is correct
and should be adopted.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 10) is
adopted and incorporated by reference into this order.

2.

Plaintiff’s Unopposed Motion For Default Judgment Against
Defendant Connie Galvan And Motion To Deposit Funds And Be

Discharged From Case (Doc. 8) is GRANTED.
4.

The Clerk is hereby directed to enter a default judgment against
Connie Galvan foreclosing any claim she may have to the
remaining proceeds to be deposited into the Court’s registry.

5.

Unicare is hereby ordered to deposit the remaining proceeds of
$22,000.00, plus any applicable interest, into the Court’s registry
within fourteen (14) days of the date of the Court’s Order adopting
this report and recommendation.

6.

The Defendants, Connie Galvan and Cheryl Ann Morgan, their
officers, agents, servants, and attorneys and those in active
concert or participation with them who receive actual notice of the
Court’s Order are hereby enjoined from instituting any action or
actions in any court against Unicare arising out of or relating to any
claim or claims with respect to the rights to and proceeds under
group policy no. GI-17-GCC, which insured the Decedent, Terry
Morgan.

7.

Unicare is fully and finally discharged from all further liability as to
any and all claims for the remaining proceeds under group policy
no. GI-17-GCC and interest thereon and is dismissed from this
action upon depositing the remaining proceeds of $22,000.00, plus
applicable interest, into the Court’s registry.

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8.

The Clerk is hereby directed to disburse the remaining proceeds of
$22,000.00, plus applicable interest, to Defendant Cheryl Ann
Morgan after the funds are deposited into the Court’s registry and
upon the filing of a motion by Defendant Cheryl Ann Morgan
requesting disbursement to her of the funds in the Court’s registry.

DONE AND ORDERED this 15th day of December, 2011.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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