IN THE MATTER OF THE COMPLAINT OF LAWRENCE W. HALL AND WESLEY BRYANT

M.D. Fla. | 2019-11-15
No. 6:19-cv-235
District Court, M.D. Florida (2019)

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Holding

The court adopted the Magistrate Judge's recommendation to grant the motion for default judgment against non-filing claimants.


Facts & Procedural History

Petitioners filed an action seeking exoneration or limitation of liability and provided notice for claimants to file by a deadline. Default was entere…

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Opinion of the Court

Petitioners Lawrence W. Hall and Wesley Bryant filed this statutory action in admiralty seeking exoneration or limitation of liability. (See Doc. 1 (“Complaint”).) On Petitioners’ motion, the Court directed the issuance of a notice that required all potential claimants to make a claim by April 29, 2019. (Docs. 4–6.) Following the notice period, Petitioners obtained entries of default against all non-filing claimants, including The Rawlings Group, Blue Cross & Blue Shield of Florida, Inc., and any and all claimants who have failed to plead or otherwise defend.1 (Docs. 14–16.) Now, Petitioners move for default judgment against all non-filing claimants. (See Doc. 20 (“Motion”).) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends the Court grant the Motion, finding Petitioners fulfilled their obligations under Supplemental Rule F and the non-filing

vy © ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

Footnotes
1 Only Barbara Hooker individually and Barbara Hooker as Personal Representative of the Estate of Brian Hooker filed a claim by the deadline. (See Doc. 9.) However, Petitioners settled those claims. (See Docs. 19, 21.) claimants failed to file a claim or answer within the established notice period. (Doc. 22 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the Court finds that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 22) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Petitioners’ Renewed Unopposed Motion for Entry of Final Default Judgment (Doc. 20) is GRANTED. 3. The Clerk is DIRECTED to enter default judgment in favor of Petitioners Lawrence W. Hall and Wesley Bryant and against The Rawlings Group, Blue Cross & Blue Shield of Florida, Inc., and any and all claimants who have failed to plead or otherwise defend. DONE AND ORDERED in Chambers in Orlando, Florida, on November 15,2019.

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