Banner Life Insurance Company v. Grooms et al

Filing 103

ORDER adopting 97 Report and Recommendation of Magistrate Judge Mary Gordon Baker; denying 61 Motion for Default Judgment; denying 62 Motion for Judgment on the Pleadings; denying 70 Motion for Default Judgment. The Court SETS ASIDE the entry of default (Dkt. No. 64 ). Signed by Honorable Richard M Gergel on 7/21/2015.(ssam, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Banner Life Insurance Company,
Plaintiff,
vs.
Larry Robert Grooms, individually and
as guardian ofBG, a minor child under
the age of fourteen (14), Robert Johnson,
Jr., and BG, a minor child under the age
of fourteen (14),
Defendants.

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Civil Action No.2: 13-2845-RMG

ORDER

This matter comes before the Court on a Report and Recommendation ("R & R") of the
Magistrate Judge recommending that the entry of default be set aside and the motions for default
judgment and judgment on the pleadings be denied. (Dkt. No. 97). Defendant Robert Johnson,
Jr. has filed an objection to the R & R. (Dkt. No. 100). The Court, having carefully reviewed the
R & R, the record in this matter, the objections filed, and relevant legal authorities, finds that the
Magistrate Judge ably and thoroughly summarized the factual and legal issues in this matter and
correctly concluded that the entry of default should be set aside and the motion for default
judgment and judgment on the pleadings should be denied. As noted by the Magistrate Judge,
Defendant Grooms is handling this matter pro se and has represented to the Court that his failure
to respond to the Court's orders is because of a change of address that resulted in him not
receiving notices. Under these circumstances, all parties should have the opportunity to contest

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the issues on the merits.
Therefore, the Court ADOPTS the R & R (Dkt. No. 97) as the order of the Court, SETS

ASIDE the entry of default (Dkt. No. 64), and DENIES motions for a default judgment and
judgment on the pleadings. (Dkt. Nos. 61, 62).
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Court

July 21 ,2015
Charleston, South Carolina

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