Opinion
22-21001-WILLIAMS/MCALILEY
09-06-2022
ELLIES VILLAGE, INC., Plaintiff, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Defendant.
REPORT AND RECOMMENDATION ON MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS
CHRIS MCALILEY UNITED STATES MAGISTRATE JUDGE
Defendant filed a Motion for Partial Judgment on the Pleadings, which the Honorable Kathleen M. Williams referred to me for a report and recommendation. (ECF Nos. 15, 16). Defendant asks the Court to limit the possible compensatory damages that Plaintiff may recover to $100,000.00, which is the limit of the insurance policy at issue in this action. (ECF No. 15, generally). Plaintiff did not file a response to the Motion. As a result, the Court issued an Order to Show Cause, (ECF No. 17), to which Plaintiff filed a response, (ECF No. 18). In its Show Cause Response, Plaintiff states that it is “unopposed to the relief sought by Defendant, specifically Defendant's request for limiting a potential judgment to the Policy limits of $100,00.00 for Contents/Business Personal Property Limit.” (Id. at 1).
In light of Plaintiff's non-opposition, I RESPECTFULLY RECOMMEND that the Court GRANT Defendant's Motion for Partial Judgment on the Pleadings, (ECF No. 15), and limit the amount of potentially recoverable compensatory damages to $100,000.00, which is the maximum amount of Contents/Business Personal Property coverage available under the insurance policy at issue.
No later than September 9, 2022, the parties may file any written objections to this Report and Recommendation with the Honorable Kathleen M. Williams who is obligated to make a de novo review of only those factual findings and legal conclusions that are the subject of objections. Only those objected-to factual findings and legal conclusions may be reviewed on appeal. See Thomas v. Arn, 474 U.S. 140 (1985), Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989), 28 U.S.C. § 636(b)(1), 11th Cir. R. 3-1 (2016).
RESPECTFULLY RECOMMENDED
cc: Honorable Kathleen M. Williams Counsel of record