State Farm Fire and Casualty Company v. Wallace

Filing 15

ORDER Adopting 14 Report and Recommendation Granting 10 Motion for Default Judgment,, filed by State Farm Fire and Casualty Company Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

STATE FARM FIRE AND CASUALTY
COMPANY,

Case No. 12-cv-14479

Plaintiff,

HONORABLE STEPHEN J. MURPHY, III

v.
AARON WALLACE,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 14), AND
GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (docket no. 10)
This matter is before the Court on the motion for default judgment filed by Plaintiff
State Farm Fire and Casualty Company ("State Farm"). ECF No. 10. By its complaint, State
Farm sought a declaratory judgment that it had no duty to defend or indemnify its insured,
Defendant Aaron Wallace, in an underlying action, Robert Hahn v. South Lyon Hotel and
Aaron Wallace, Oakland County Circuit Court Case No. 2-124438-NO. Wallace failed to
respond to the complaint, and the Clerk of the Court entered default against him. Default,
ECF No. 9. State Farm then moved for default judgment. The Court referred the matter to
a magistrate judge who issued a report and recommendation, recommending granting the
motion. Report, ECF No. 14. The report was served on all parties on April 3, 2013. Neither
party filed objections.
The Court has reviewed the magistrate judge’s report, along with State Farm’s
complaint and motion, and agrees with the magistrate judge’s recommendation.
Accordingly, the Court will grant State Farm’s motion for default judgment (docket no.10).

WHEREFORE it is hereby ORDERED that the report and recommendation (docket
no. 14) is ADOPTED and Plaintiff's motion for default judgment (docket no. 10) is
GRANTED.
SO ORDERED.
s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: April 30, 2013
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on May 1, 2013, by electronic and/or ordinary mail.
Carol Cohron
Case Manager

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