Auto-Owners Insurance Company v. England et al

Filing 49

ORDER that the court has carefully reviewed the Report and Recommendation and the relevant materials in the file and finds the recommendation correct in all respects. Accordingly, the Report and Recommendation 47 is adopted as the order of the court. The Motion for Entry of Judgment Under Rule 54(b) 45 is GRANTED, and the clerk of the court is ORDERED to enter final judgment against Mr. England, consistent with the courts previous order of default judgment 15 . Signed by District Judge Tena Campbell on 7/8/13. (ABF)

UNITED STATES DISTRICT COURT FOR THE EASTERN
DISTRICT OF TENNESSEE AT KNOXVILLE
AUTO-OWNERS INSURANCE CO.,
Plaintiff,

ORDER

vs.

Case No. 3:10-cv-118

MICHAEL E. ENGLAND, et al.,

Judge Tena Campbell

Defendants.

Plaintiff Auto-Owners Insurance Company (Auto-Owners) filed this action for a
declaratory judgment regarding whether it was required by an insurance contract to defend or
indemnify Defendant Michael E. England in a state lawsuit. Mr. England was properly served
but then failed to appear and litigate, resulting in the entry of default judgment against him.
Auto-Owners now moves for entry of final judgment against Mr. England (Docket No. 45). On
May 8, 2013, that motion was referred to United States Magistrate Judge C. Clifford Shirley
pursuant to 28 U.S.C. § 636(b)(1)(B).
On June 14, 2013, Judge Shirley issued his Report and Recommendation,
recommending that Plaintiff’s motion be granted in full (Docket No. 47). The parties were
given fourteen days to file objections to the Report and Recommendation and were cautioned
that failure to file an objection could constitute waiver thereof upon subsequent review. No
objections were received.
The court has carefully reviewed the Report and Recommendation and the relevant
materials in the file and finds the recommendation correct in all respects. Accordingly, the
Report and Recommendation (Docket No. 47) is adopted as the order of the court. The Motion

for Entry of Judgment Under Rule 54(b) (Docket No. 45) is GRANTED, and the clerk of the
court is ORDERED to enter final judgment against Mr. England, consistent with the court’s
previous order of default judgment (Docket No. 15).
SO ORDERED this 8th day of July, 2013.
BY THE COURT:

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

TENA CAMPBELL
United States District Judge

2