Abrahamson et al v. State Farm Fire & Casualty Company et al

Filing 59

ORDER adopting Report and Recommendations re 58 Report and Recommendations; this case is hereby DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. Signed by Judge William C Lee on 10/17/11. cc: E & B Abrahamson (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
ELAINE ABRAHAMSON
and BRUCE ABRAHAMSON,
Plaintiffs,
v.
STATE FARM FIRE & CASUALTY
COMPANY and JENNIFER KOPPEN,
Defendants.

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Cause No.: 2:08-CV-296

ORDER
This matter is before the court on the Verified Motion for Entry of Default Judgment
filed by the plaintiffs, Elaine and Bruce Abrahamson. Plaintiffs seek entry of default against
defendant Jennifer Koppen. The Court referred the plaintiff’s motion to Magistrate Judge
Andrew P. Rodovich, who entered a Report and Recommendation on August 3, 2011. For the
reasons discussed below, this case is hereby DISMISSED WITH PREJUDICE for lack of
subject matter jurisdiction.
DISCUSSION
Plaintiffs filed their Complaint in this case on October 10, 2008, and are proceeding pro
se. Complaint, docket at 1. Plaintiffs sued both Koppen and State Farm Fire & Casualty.
However, on July 8, 2010, plaintiffs and State Farm filed a Stipulation of Dismissal as to all of
plaintiffs’ claims against the insurance company, leaving Koppen as the only remaining
defendant. See Stipulation of Dismissal, docket at 41. Koppen has never filed an answer to
plaintiffs’ Complaint or otherwise appeared or responded to this lawsuit. Plaintiffs then sought
to obtain a default judgment against Koppen. Magistrate Judge Rodovich entered his 12-page

Report and Recommendation and concluded that this Court lacked subject matter jurisdiction
over this case. See docket at 58. In his order, Judge Rodovich informed plaintiffs that, pursuant
to 28 U.S.C. § 636(b)(1), they had 14 days (to and including August 17, 2011) to file any
objections to the Report and Recommendation. They did not do so.
The Court hereby adopts the Report and Recommendation and dismisses this case with
prejudice. No further explanation is required in light of Judge Rodovich’s Report and
Recommendation. “The Court need not go further for it refuses to write at length to no other end
than to hear its own words resonate as to the instances alleged as errors by plaintiff.” Lawton v.
State Mut. Life Assu. Co. of Am., 101 F.3d 218, 200 (1st Cir. 1996). “Where as here, a
[Magistrate] has produced a first-rate work product, a reviewing [court] should hesitate to wax
longiloquence simply to hear its own words resonate.” In Re San Juan Dupont Plaza Hotel Fire
Litig., 989 F.2d 36, 38 (1st Cir. 1993).
CONCLUSION
For the reasons stated above, this Court adopts the Report and Recommendation (docket
at 58) and this case is DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction.

Date: October 17, 2011.

/s/ William C. Lee
William C. Lee, Judge
United States District Court
Northern District of Indiana

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