The Hartford Fire Insurance Company v. Sunteck Transportation Group, Inc. et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Request Entry of Default, filed by Sunteck Transportation Group, Inc., 33 Report and Recommendations; the defendant's, Sunteck, Motion for Entryof Default Judgment Against Castell on Sunteck&# 039;s Cross-Claims isDENIED. The court also ORDERS that, pursuant to the entry ofdefault under Rule 55(a), Castell loses its standing as toSunteck's cross-claims, including the right to present evidence attrial. Signed by District Judge Rebecca Beach Smith and filed on 7/19/11. (jcow, )

UNITED

STATES

DISTRICT

EASTERN DISTRICT

FILED

COURT

OF VIRGINIA

Norfolk Division

JUL

1 9 2011
!

THE

as

HARTFORD

FIRE

INSURANCE

subrogee of Technical

COMPANY,

Equipment

Sales,

Plaintiff,
ACTION NO.

v.

SUNTECK TRANSPORTATION GROUP,

2:10cvl91

INC,

and
CASTELL TRUCKING CORPORATION,

Defendants.

ORDER

This

matter

comes

Transportation Group,
Judgment
Sunteck

Against
on

April

before

Inc.

Castell
8,

2011.

the

court

("Sunteck") ,
on

matter

Cross-Claims,
was

States Magistrate Judge by Order of May 16,

provisions of 28 U.S.C.
Civil Procedure 72(b),
hearings,

findings

fact,

disposition of

and

if

and to submit

applicable,

referred
2011,

(C)

to conduct hearings,

if necessary,

of

§ 636(b)(1)(B)

defendant,

Sunteck

Motion for Entry of Default

Sunteck's

The

on

to

filed

by

a

United

pursuant

to the

and Federal Rule of

including evidentiary

to the undersigned proposed

and

recommendations

for

the

the motion.

The United States Magistrate Judge's Report and Recommendation
was

filed on June 29,

2011.

Sunteck's Motion be denied,
to Sunteck's cross-claims,

The magistrate judge recommended that
and that

Castell

lose

its

standing as

including the right to present evidence

at the trial,
of

Civil

By
judge,

pursuant to the entry of default under Federal Rule

Procedure

copy of

55(a).

the

report

the

parties

objections

thereto.

The

magistrate

judge's

report

filing same has

in

full

the

were

recommendation

advised

expired.

findings

and

court

and

of

has

their

of

right

received no

recommendation,

the
to

magistrate

file

written

objections

and

the

to

the

time

for

The court does hereby adopt and approve

and recommendations

set

forth

in the Report

and Recommendation of the United States Magistrate Judge filed June
29,

of

2011.

Accordingly,

the defendant's,

Default Judgment Against

DENIED.

The

default

under

court

Rule

also

ORDERS

55(a),

Sunteck's cross-claims,

Castell

on Sunteck's

that,

Castell

Sunteck,

pursuant

loses

its

Motion for Entry

Cross-Claims
to

the

entry

standing

as

is
of

to

including the right to present evidence at

trial.

The Clerk shall forward a copy of this Order to all parties of
record.
It

is

SO ORDERED.

/s/
Rebecca Beach Smith

__

United States District Judge
REBECCA BEACH

Norfolk,

July

\C\

Virginia

, 2011

SMITH

UNITED

DISTRICT

STATES

JUDGE