Columbia Mutual Insurance Company v. Bhakhtiari, L.L.C.
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 8 Motion for Default Judgment filed by Columbia Mutual Insurance Company, 11 Motion to Set Aside Default filed by Bhakhtiari, L.L.C., 14 Report and Reco mmendations, Order. Defendants Unopposed Motion to Set Aside Entry of Default (Dkt. #11) is GRANTED, Plaintiffs Motion for Default Judgment (Dkt. #8) is DENIED AS MOOT, and the Clerks Entry of Default is VACATED (Dkt. #7). Signed by Judge Amos L. Mazzant, III on 4/20/16. (cm, )
United States District Court
EASTERN DISTRICT OF TEXAS
COLUMBIA MUTUAL INSURANCE
Civil Action No. 4:16-CV-65-ALM
(Judge Mazzant/Judge Nowak)
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On March 30, 2016, the report of the Magistrate Judge was entered (Dkt. #14) containing
proposed findings of fact and recommendations that Defendant Bhakhtiari, L.L.C.’s Motion to
Set Aside Entry of Default (Dkt. #11) be granted. Having received the report of the Magistrate
Judge, and no objections thereto having been timely filed, this Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s
report as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendant’s Unopposed Motion to Set Aside Entry of
Default (Dkt. #11) is GRANTED, Plaintiff’s Motion for Default Judgment (Dkt. #8) is
DENIED AS MOOT, and the Clerk’s Entry of Default is VACATED (Dkt. #7).
It is further ORDERED that Defendant shall pay $2,652.50 in reasonable attorneys’ fees
and costs to Plaintiff.
IT IS SO ORDERED.
SIGNED this 20th day of April, 2016.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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