The Great American Insurance Company v. E.L. Bailey & Company, Inc. et al

Filing 150

ORDER adopting 130 Report and Recommendation, granting 116 Motion to Vacate 110 Clerks Entry of Judgment by Default, 111 Clerks Entry of Judgment by Default and 109 Clerks Entry of Judgment by Default. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION THE GREAT AMERICAN INSURANCE COMPANY, Case No. 12-13033 SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW Plaintiff, v. U.S. MAGISTRATE JUDGE STEPHANIE DAWKINS DAVIS E.L. BAILEY & COMPANY, INC., Defendant. BLANKET ENERGY SYSTEMS, LLC, Garnishee. / ORDER ADOPTING REPORT AND RECOMMENDATION [130]; GRANTING GARNISHEE DEFENDANTS’ MOTION TO VACATE DEFAULT JUDGMENTS [116]; AND VACATING DEFAULT JUDGMENTS [109, 110, 111] Plaintiff Great American Insurance Company (“GAIC”) obtained default judgments against Defendants Bailey Development Group, LLC (“BDG”), Blanket Energy Systems, LLC (“Blanket”), and E.M.B. Investment Group, LLC (“EMB”) on February 17, 2016. [Dkt. 109, 110, 111]. Defendants filed the instant Motion to Vacate Default Judgments Improperly Obtained [116] on March 16, 2016. The Court referred Defendants’ Motion to the Magistrate Judge on May 5, 2016 [121]. 1 After a hearing on the Motion on June 21, 2016, the Magistrate Judge took the motion under advisement. The Report and Recommendation [130] was issued on November 9, 2016. The parties did not file objections to the Report & Recommendation. Fed. R. Civ. P. 72(b)(2). The Court having reviewed the record, the Report and Recommendation [130] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Defendants’ Motion to Vacate Default Judgments Improperly Obtained [116] is GRANTED. IT IS FURTHERED ORDERED that the Default Judgments [109, 110, 111] are VACATED. SO ORDERED. Dated: February 9, 2017 s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge 2

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