Lexico Resources Int'l Corp. v. Lafayette Life Insurance Co.

Full title: LEXICO RESOURCES INTERNATIONAL CORPORATION, a Nevada corporation…

Court: United States District Court, D. Colorado

Date published: Jan 19, 2006

Civil Action No. 03-cv-02235-PSF-PAC (D. Colo. Jan. 19, 2006)

Opinion

Civil Action No. 03-cv-02235-PSF-PAC.

January 19, 2006

ORDER ON MAGISTRATE JUDGE'S RECOMMENDATIONS OF OCTOBER 27, 2005 AND JANUARY 17, 2006

PHILLIP FIGA, District Judge

This matter comes before the Court pursuant to the written recommendation of the Magistrate Judge entered on October 27, 2005 (Dkt. # 169) and the oral recommendations made at a hearing held on January 17, 2006 (reflected in Dkt. # 239).

In the written recommendation, the Magistrate Judge recommended entry of default judgment against Third-Party defendants Malcolm Briggs and Dennis Murphy, pursuant to the default entered against them by the Clerk of the Court on August 9, 2005. Since the entry of default, Third-Party defendants Briggs and Murphy have made no appearance before the Court, nor have they contacted counsel for the third-party plaintiff, nor have they made any effort to defend against the third-party claim.

That claim, filed by Defendant The Lafayette Life Insurance Company ("Lafayette"), seeks a declaration as to the rightful owner and beneficiary of a life insurance policy at issue in this action. In its motion for default judgment, Lafayette requests a judgment against Briggs and Murphy declaring that they have no interest in the subject policy.

In the oral recommendations of January 17, 2006, the Magistrate Judge recommended that the Court dismiss as moot two motions that have been withdrawn by the moving parties.

CONCLUSION

For the reasons set forth in the recommendation of the Magistrate Judge, this Court accepts the recommendation (Dkt. # 169) and agrees that default judgment should enter. The Clerk of the Court is directed to enter a judgment against Third-Party Defendants Malcolm Briggs and Dennis Murphy declaring that the have no right or interest in Lafayette Policy No. 000LL00011862, the policy at issue in this case, or its proceeds.

In addition, to the extent constituting recommendations made by the Magistrate Judge at the hearing held on January 17, 2006, the Court DISMISSES as moot the Motion to Dismiss filed by Third-Party Living Benefits Financial Services (Dkt. # 57) on March 25, 2005, and the Motion for Judgment on the Pleadings (Dkt. # 117), filed by Lafayette on August 24, 2005.