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Zurich American Insurance Co. v. Bulldog Marine, Inc.

United States District Court, S.D. Alabama, Southern Division

December 16, 2014

ZURICH AMERICAN INSURANCE COMPANY, Plaintiff,
v.
BULLDOG MARINE, INC., et al., Defendants.

ORDER

WILLIAM H. STEELE, Chief District Judge.

This matter is before the Court on the plaintiff's motion for entry of default under Rule 55(a). (Doc. 41). The motion is directed against all defendants except Pedro Baez. All of the defendants have filed an answer, (Doc. 10), and entry of default against a defendant is not permitted under Rule 55(a) so long as an answer remains pending as to that defendant. The report and recommendation ("R&R") of the Magistrate Judge recommends that the answer be stricken as to these defendants and that the motion for entry of default then be granted. (Doc. 49 at 5). The Federal Rules of Civil Procedure provide for such a sequence. E.g., Eagle Hospital Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1302-03, 1307 (11th Cir. 2009); Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1366 (11th Cir. 1997).

The parties declined the opportunity to object to the R&R. After due and proper consideration of all portions of the file deemed relevant to the issues raised, the R&R made under 28 U.S.C. ยง 636(b)(3) and dated November 20, 2014, including the entirety of the previous order discussed therein, (Doc. 45), is adopted as the opinion of the Court.

Accordingly, it is ordered that:

1. The plaintiff's motion for entry of default is granted;

2. The answer, (Doc. 10), is stricken as to all defendants except Pedro E. Baez; and

3. The Clerk is directed to enter default against defendants Bulldog Marine, Inc.; Bulldog Marine, LLC; Blacktip Partners, Inc.; Blacktip Marine Partners, LLC; Brian Hall; and Brenda Hall.


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