Opinion
Case No. 12-cv-14479
04-30-2013
STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff, v. AARON WALLACE, Defendant.
HONORABLE STEPHEN J. MURPHY, III
ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 14), AND
GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (docket no. 10)
This matter is before the Court on the motion for default judgment filed by Plaintiff State Farm Fire and Casualty Company ("State Farm"). ECF No. 10. By its complaint, State Farm sought a declaratory judgment that it had no duty to defend or indemnify its insured, Defendant Aaron Wallace, in an underlying action, Robert Hahn v. South Lyon Hotel and Aaron Wallace, Oakland County Circuit Court Case No. 2-124438-NO. Wallace failed to respond to the complaint, and the Clerk of the Court entered default against him. Default, ECF No. 9. State Farm then moved for default judgment. The Court referred the matter to a magistrate judge who issued a report and recommendation, recommending granting the motion. Report, ECF No. 14. The report was served on all parties on April 3, 2013. Neither party filed objections.
The Court has reviewed the magistrate judge's report, along with State Farm's complaint and motion, and agrees with the magistrate judge's recommendation. Accordingly, the Court will grant State Farm's motion for default judgment (docket no.10).
WHEREFORE it is hereby ORDERED that the report and recommendation (docket no. 14) is ADOPTED and Plaintiff's motion for default judgment (docket no. 10) is GRANTED.
SO ORDERED.
_________________
STEPHEN J. MURPHY, III
United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on May 1, 2013, by electronic and/or ordinary mail.
Carol Cohron
Case Manager