Cincinnati Insurance Company v. Dorsey Construction Company et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 20 Report and Recommendation, granting 19 Motion for Entry of Default. The Clerk is DIRECTED to enter default against Defendants Dorsey Construction Company Inc, Andrea Pruneau, and Alfred Pruneau pursuant to FRCP 55(a). Signed by Judge S Arthur Spiegel on 8/18/2009. (km1, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CINCINNATI INSURANCE CO., : : Plaintiff, : : v. : : DORSEY CONSTRUCTION CO., Inc.,: et al., : : Defendants. : NO. 1:09-CV-00003

OPINION AND ORDER

This matter is before the Court on the Magistrate Judge's July 16, 2009 Report and Recommendation (doc. 20), that Plaintiff's Motion for Entry of Default (doc. 19) be granted. filed no objection. ADOPTS and Defendants

For the reasons indicated herein, the Court the Magistrate Judge's Report and

AFFIRMS

Recommendation. Plaintiff filed its Complaint on January 5, 2009 against five-named Defendants (doc. 1). Plaintiff now moves for entry of

default against Defendants Dorsey Construction Company, Andrea Pruneau, and Alfred Pruneau, as a result of Defendants' failure to plead, answer, or otherwise move or defend as to Plaintiff's Complaint (doc. 19). In his Report and Recommendation, the Magistrate Judge reviewed the applicable standard governing entry of default under Fed. R. Civ. P. 55(a), and concluded that as Defendants have failed to plead or otherwise defend, and as that fact is made to appear by affidavit or otherwise, the Clerk should enter the party's default

(doc. 20).

The Magistrate Judge found that Defendants' inaction

has made it abundantly clear that they have no intention of defending this action, and thus an entry of default is warranted (Id.). The Parties were served with the Report and

Recommendation and were therefore afforded proper notice of the Magistrate Judge's Report and Recommendation required by 28 U.S.C. § 636(b)(1)(C), including that failure to file timely objections to the Report and Recommendation would result in a waiver of further appeal. 1981). United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. Neither Party filed any objections thereto within the ten

days provided for by Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1)(C). Having reviewed this matter de novo pursuant to 28 U.S.C. §636(b), and finding no objection to the Magistrate Judge's Report and Recommendation, the Court finds such Report and Recommendation well-taken in all respects. Accordingly, the Court ADOPTS the

Magistrate Judge's Report and Recommendation (doc. 20), GRANTS Plaintiff's Motion for Entry of Default (doc. 19), and DIRECTS the Clerk to enter a default against Defendants Dorsey Construction Company, Inc., Andrea Pruneau, and Alfred Pruneau pursuant to Fed. R. Civ. P. 55(a). SO ORDERED. Dated: August 18, 2009 s/S. Arthur Spiegel S. Arthur Spiegel United States Senior District Judge 2