AMERICAN CONTRACTORS INDEMNITY COMPANY v. BILL WHORFF INC et al
Filing
61
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 60 Report and Recommendations for 59 Motion for Order for Installment Payments. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
AMERICAN CONTRACTORS
INDEMNITY COMPANY,
PLAINTIFF
v.
BILL WHORFF, INC.,
ET AL.,
DEFENDANTS
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CIVIL NO. 2:10-CV-434-DBH
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On September 27, 2011, the United States Magistrate Judge filed with
the court, with copies to the parties, his Recommended Decision on Judgment
Creditor’s Motion for Installment Payment Order. The time within which to file
objections expired on October 14, 2011, and no objections have been filed. The
Magistrate Judge notified the parties that failure to object would waive their
right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The motion for installment payment order is DENIED
WITHOUT PREJUDICE.
The creditor is permitted an opportunity to refile its
motion with the proviso that it (1) use the correct monthly rental payment
amount; (2) either provide evidence of, or estimate, the amount of Quinn’s tax
payments, and (3) to the extent that it provides an estimate of Quinn’s tax
payments, explain its rationale for said estimate.
SO ORDERED.
DATED THIS 18TH DAY OF OCTOBER, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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