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)

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].
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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

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