Builders Mutual Insurance Company v. Wallace et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS - granting 11 Motion for Default Judgment against Carmer Wallace; adopting Report and Recommendations re 13 . The plaintiff's Motion for Default Judgment against Carmer Wallace is GRANTED, and that a s to defendant, Carmer Wallace, plaintiff has no duty to defenddefendant, Carmer Wallace, with respect to defendant's, Linda Fussell Gililland, state claims. Accordingly, the parties are DIRECTED to show cause within fourteen (14) days of the da te of this Order why this case should not be administratively closed on this court's docket, to be reopened as appropriate pending the outcome of the underlying state court case giving rise to this federal action. Signed by District Judge Rebecca Beach Smith and filed on 9/11/12. (jcow, )

UNITED

STATES DISTRICT COURT

EASTERN DISTRICT

OF VIRGINIA

FILED

Norfolk Division

SEP 1 1 2012
BUILDERS MUTUAL

INSURANCE COMPANY,

CLERK, US DISTRICT COURT
NORFOLK, VA

Plaintiff,
ACTION NO.

2:12cv275

CARMER WALLACE,
AND

LINDA FUSSELL GILILLAND,
Defendant,

ORDER

This matter comes before the court on plaintiff's Motion for
Default Judgment Against Defendant Carmer Wallace
filed on July 20, 2012.
Magistrate

Judge

by

72(b),

Order

to

11) ,

The matter was referred to a United States

provisions of 28 U.S.C.
Procedure

(ECF No.

of

August

8,

§ 636(b)(1)(B)
conduct

2012,

pursuant

to

the

and Federal Rule of Civil

hearings,

including

evidentiary

hearings,

if necessary, and to submit to the undersigned proposed

findings

of

fact,

if

applicable,

and

recommendations

for

the

disposition of the motion.

The United States Magistrate Judge's Report and Recommendation
was filed on August 20,

2012.

The magistrate judge recommended

granting plaintiff's Motion for Default Judgment against defendant,
Carmer Wallace.

By copy of the report and recommendation of the magistrate

judge, the parties were advised of their right to file written
objections thereto.

The court has received no objections to the

magistrate judge's report and recommendation,
filing same has expired.

and the

time

for

The court does hereby adopt and approve

in full the findings and recommendations set forth in the Report
and Recommendation of
August 20, 2012.
Judgment

against

the

United States Magistrate

Accordingly,
Carmer

Carmer

Wallace,

defendant,

Carmer

Wallace,

Fussell

Gililland,

state

filed

the plaintiff's Motion for Default

Wallace

defendant,

Judge

is

GRANTED,

plaintiff
with

claims.

has

respect

to

and

no

(14)

duty

as

to

Linda

the parties

days of

to

defend

defendant's,

Accordingly,

DIRECTED to show cause within fourteen

that

are

the date of

this Order why this case should not be administratively closed on

this court's docket,
outcome of

to be

reopened as

the underlying state court

appropriate pending the
case giving rise

to

this

federal action.

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

It

IS

SO ORDERED.

N
Rebecca Beach Smith
Chief

United States District Judge

#

REBECCA BEACH SMITH
CHIEF UNITED

Norfolk, Virginia

September \\ , 2012

STATES

DISTRICT JUDGE