Colony Insurance Company v. Village at Dadeland Condominium Association, Inc. et al
Filing
109
ORDER adopting 104 Report and Recommendation of Magistrate Judge and granting 94 Plaintiff's Motion for Final Default Judgment against Defendant Marina Santos. Signed by Judge Joan A. Lenard on 6/8/2010. (mhz)
UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-22369-CIV-LENARD/TURNOFF C O L O N Y INSURANCE COMPANY, P l a in tif f , v. V IL L A G E AT DADELAND C O N D O M I N I U M ASSOCIATION, et a l., D e f e n d a n ts . ________________________________/ O R D E R ADOPTING REPORT OF MAGISTRATE JUDGE (D.E. 104) AND E N T E R IN G DEFAULT JUDGMENT AGAINST DEFENDANT MARINA SA NTO S T H I S CAUSE is before the Court on the Report and Recommendation ("Report," D .E . 104), issued by Magistrate Judge William C. Turnoff on May 19, 2010, recommending th e Court grant Plaintiff's Motion for Entry of Final Default Judgment against Defendant M a r i n a Santos ("Motion," D.E. 94), filed on April 28, 2010. The Clerk entered default ag ains t Defendant Marina Santos on April 14, 2010, for failure to comply with this Court's o r d e r s . Plaintiff's Motion was referred to the Magistrate Judge on April 29, 2010, and a h e a rin g was held on May 18, 2010. The Report advised the Parties they had fourteen (14) d a ys to file any objections to the Magistrate Judge's findings. To date, Defendant Marina S an tos has not filed any objections to the Report or responded to Plaintiff's Motion. Failure to timely file objections shall bar parties from attacking on appeal the factual findings
c o n ta in e d in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1 1 4 4 , 1149 (11th Cir. 1993). Having reviewed the Report, the Motion, and the related p le a d in g s , it is hereby ORDERED AND ADJUDGED that: 1. T h e Report and Recommendation of the Magistrate Judge (D.E. 104), issued o n May 19, 2010, is ADOPTED; 2. P la in tif f 's Motion for Final Default Judgment against Defendant Marina S a n t o s , (D.E. 94), filed on April 28, 2010, is GRANTED and the Court finds (1 ) Plaintiff Colony Insurance Company has no duty to defend Marina Santos a g a in s t the allegations of the underlying lawsuit, pending in Miami-Dade C o u n ty, Florida, filed by Melissa Marcus, and (2) Plaintiff Colony Insurance C o m p a n y has no duty to indemnify Marina Santos from any damages which m a y be awarded in favor of Melissa Marcus, against Marina Santos, in the u n d e rlyin g lawsuit. DONE AND ORDERED in Chambers at Miami, Florida, this 8th day of June, 2010. ____________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE
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