Heritage Corporation, et al v. National Union Fire, et al

Filing 315

ORDER denying 293 Motion to Enforce Judgment; adopting Report and Recommendations re 312 Report and Recommendations.. Signed by Judge Paul C. Huck on 11/10/2008. (lc3)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 01-003519-CIV-HUCK/O'SULLIVAN THE HERITAGE CORPORATION OF SOUTH FLORIDA, INC., and HERITAGE CORPORATION OF SOUTH FLORIDA EMPLOYEE PENSION PLAN Plaintiffs/Counter-Defendants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., and AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Defendants/Counter-Plaintiffs, v. FEDERAL HOME LOAN MORTGAGE CORPORATION, Intervenor-Plaintiff/Counter Defendant ______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING NATIONAL UNION'S MOTION FOR PROCEEDINGS SUPPLEMENTARY THIS CAUSE comes before the Court upon Defendant National Union's Motion for Proceedings Supplementary, filed June 5, 2008 [D.E. #293]. The Honorable John J. O'Sullivan, United States Magistrate Judge, issued a Report and Recommendation on the motion [D.E. #312], filed on October 21, 2008, recommending that the motion be denied. As National Union has not objected to the Report and Recommendation, it is not challenging the factual findings contained in it. The Court has independently reviewed the Report and Recommendation, and the record. Being otherwise duly advised, the Court adopts the findings of fact and conclusions as in the report. Accordingly, it is hereby ORDERED AND ADJUDGED that Report is ADOPTED and National Union's Motion for Proceedings Supplementary is DENIED. DONE AND ORDERED in chambers, Miami, Florida, November 10, 2008. __________________________ PAUL C. HUCK United States District Judge Copies Furnished To: Magistrate Judge John J. O'Sullivan All Counsel of Record 2

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