State Farm Life and Assurance Company v. Epps et al

Filing 55

ORDER ACCEPTING Judge Foschio's 54 Report and Recommendation; DENYING Defendants' 43 Motion for Default Judgment. Signed by William M. Skretny, Chief Judge on 8/30/2014. (MEAL)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
STATE FARM LIFE
COMPANY, INC.,

AND

ASSURANCE

Plaintiff,
v.

ORDER
12-CV-380S

RONALD T. EPPS, DONTE R. SMITH,
DOUGLAS JOHNSON, as Parent and Guardian
of Travante D. Johnson, TRAVANTE D.
JOHNSON, individually, MARY MOSS, as
Guardian of Armontae Moss, ARMONTAE
MOSS, individually, and MARY MOSS,
individually and as Custodian Under New York
Uniform Transfers to Minors Act for Donte R.
Smith, Travante D. Johnson, and Armontae
Moss,
Defendants.

1.

On May 23, 2013, this Court referred the present case to the Honorable

Leslie G. Foschio, United States Magistrate Judge, to hear all dispositive motions and
file a report and recommendation containing findings of fact, conclusions of law and a
recommended disposition of any such motion pursuant to 28 U.S.C. ' 636(b)(1)(B) and
(C). In July of that year, this Court accepted Judge Foschio=s recommendation to grant
Plaintiff=s request for interpleader relief, permit the depositing of the contested funds,
and dismiss Plaintiff from this action.
2.

On October 17, 2013, Defendants Donte R. Smith, Armontae Moss, Mary

Moss, and Travante D. Johnson moved for the entry of a default judgment in their favor
against Defendant Ronald T. Epps. A default was previously entered against Epps by
the Clerk of this Court on December 18, 2012.

3.

On August 6, 2014, Judge Foschio filed a Report and Recommendation

recommending that the moving Defendants= motion be denied.
4.

No objections to the Report and Recommendation were received from any

party within fourteen (14) days from the date of its service, in accordance with 28
U.S.C. ' 636(b)(1)(C) and Rule 72(b) of the Federal Rules of Civil Procedure and the
Local Rules of Civil Procedure of this Court.
IT HEREBY IS ORDERED, that this Court accepts Judge Foschio=s Report and
Recommendation (Docket No. 54) in its entirety and the moving Defendants= motion for
a default judgment (Docket No. 43) is DENIED.
SO ORDERED.
Dated: August 30, 2014
Buffalo, New York
/s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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