Allied World Specialty Insurance Company v. MRL Plumbing LLC et al

Filing 74

ORDER ACCEPTING THE REPORT AND RECOMMENDATION, directing the Clerk to enter default judgment against defendant MRL Plumbing LLC in the amount of $607,437.25, for 60 Motion for Default Judgment, filed by Allied World Specialty Insurance Company, 71 Report and Recommendation, Signed by Chief Judge Terry L Wooten on February 28, 2018. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Allied World Specialty Insurance
Laboratories Consumer Care, Inc.,
Company, f/k/a Darwin National Assurance
Company
Plaintiffs,
v.
MRL Plumbing, LLC; Michael Lobdell; and
Patricia Lobdell,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 0:16-3030-TLW

ORDER GRANTING
DEFAULT JUDGMENT

This matter comes before the Court for review of the Report and Recommendation (“the
Report”) filed on January 23, 2018, by United States Magistrate Judge Shiva V. Hodges, to whom
this case had previously been assigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02(B)(2)(e), (D.S.C.). ECF No. 71. In the Report, the Magistrate Judge recommends that the
Court direct entry of default judgment against Defendant MRL Plumbing, LLC, for losses and
expenses sustained by Plaintiff in the amount of $607,437.25, and grant Plaintiff attorneys’ fees
and costs. Id. Objections to the Report were due on February 6, 2018, but Plaintiff did not file
objections. The matter is now ripe for disposition.
The Court is charged with conducting a de novo review of any portion of the Report to
which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the
recommendations contained therein. 28 U.S.C. § 636. However, in the absence of objections to the
Report, the Court is not required to give any explanation for adopting the Magistrate Judge’s
recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). In such a case, “a district
court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear

1

error on the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life
& Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory
committee’s note).
In light of this standard, the Court has carefully reviewed the Report, the relevant filings,
and the applicable law and notes that Plaintiff has not responded to the Motion for Default
Judgment or filed objections to the Report. Therefore, it is hereby ORDERED that the Report,
ECF No. 71, is ACCEPTED. For the reasons articulated by the Magistrate Judge, Plaintiff’s
motion for default judgment, ECF No. 60, is GRANTED. The Clerk is directed to ENTER
DEFAULT JUDGMENT against Defendant MRL Plumbing, LLC, for a sum certain for paid
losses and expenses in the amount of $607,437.25, and for attorneys’ fees and costs. See F.R.C.P.
55(b)(1).
IT IS SO ORDERED.
s/ Terry L. Wooten_____________
TERRY L. WOOTEN
Chief United States District Judge
February 28, 2018
Columbia, South Carolina

2