Opinion
Case Number: 01 C 50422
March 19, 2002
MEMORANDUM OPINION AND ORDER
Plaintiff, Bon Secours Health Systems, Inc., as administrator of the Bon Secours Health System, Inc. Medical Plan, has filed a motion for default judgment against defendant, Cassandra H. Taylor, who has been served with summons but has not filed an answer. This court has jurisdiction of this action under the Employee Retirement Income Security Act (ERISA) and venue is proper in this district and division. Plaintiff makes claim for reimbursement of medical expenses it paid to defendant under the terms of the plan as defendant has received payment from a third party for these same expenses. On February 22, 2002, Magistrate Judge Mahoney issued a Report and Recommendation that judgment be granted for plaintiff against defendant on the motion as follows: declaring a constructive trust on defendants recovery from the third party of $15,317.05 and to be held by defendant in constructive trust for plaintiff; granting an equitable lien in plaintiffs favor on defendant's recovery from the third party for $15,317.05; and an award of attorney fees and costs totaling $3,197.65 under the terms of the plan. No objection to this Report and Recommendation has been timely filed. Accordingly, the Report and Recommendation is adopted in its entirety and default judgment is entered for plaintiff against defendant in accordance with the Magistrate Judge's Report and Recommendation.
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED that the Report and Recommendation is adopted in its entirety and default judgment is entered for plaintiff and against defendant in accordance with the Magistrate Judge's Report and Recommendation.
All orders in this case are now final and appealable.