Opinion
Civil Action 4:21-cv-03686
09-22-2022
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Plaintiffs, v. CARLOS HURTADO, ERICA P. DAVIS AND DATA RUSH LOGISTICS, INC. D/B/A DATA RUSH COURIERS, S.A. Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE.
Having reviewed the Magistrate Judge's Memorandum and Recommendation dated August 31,2022 (ECF 28) and no objections having been filed thereto, the Court is of the opinion that said Memorandum and Recommendation should be adopted by this Court.
It is therefore ORDERED that the Magistrate Judge's Memorandum and Recommendation is hereby ADOPTED by this Court. Plaintiffs request for a declaratory judgment that it does not owe a duty to defend Hurtado is DENIED; Plaintiffs remaining claims for declaratory] udgment are DISMISSED WITHOUT PREJUDICE as not justiciable; and Plaintiffs Second Motion for Entry of Default and for Default Judgment (ECF 27) is DENIED as moot.