SOUTHERN-OWNERS INSURANCE COMPANY
v.
A TO Z GULFCOAST SERVICES, LLC
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The court adopted the magistrate judge's report and recommendation, granting plaintiff's motions for default declaratory judgment and ordering entry of final judgment.
Plaintiff Southern-Owners Insurance Company sought a declaratory judgment regarding its duty to defend and indemnify Defendant A to Z Gulfcoast Servic…
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This matter is before the Court on consideration of the report and recommendation of Julie S. Sneed, United States Magistrate Judge, entered on November 8, 2022. (Doc. 26). Judge Sneed recommends that “Plaintiff’s Motion for Entry of Final Default Declaratory Judgment Against Defendant, A To Z Gulfcoast Services, LLC” and “Plaintiff’s Motion for Entry of Final Default Declaratory Judgment Against Defendant, Shaun McGlaun” (Docs. 21 and 22) be granted. No objection to the report and recommendation has been filed, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982). Upon due consideration of the record, including Judge Sneed’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sneed’s detailed and well-reasoned factual findings and legal conclusions.
Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sneed’s report and recommendation (Doc. 26) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) “Plaintiff’s Motion for Entry of Final Default Declaratory Judgment Against Defendant, A To Z Gulfcoast Services, LLC” (Doc. 21) is GRANTED.
(3) “Plaintiff’s Motion for Entry of Final Default Declaratory Judgment Against Defendant, Shaun McGlaun” (Doc. 22) is GRANTED. (4) The Clerk is directed to enter final judgment in favor of Plaintiff and against Defendants as follows: a. Plaintiff Southern-Owners Insurance Company owes no duty to defend or indemnify Defendant A to Z Gulfcoast Services, LLC under the Insurance Policy in connection with the claims asserted by Defendant Shaun McGlaun against Defendant A to Z Gulfcoast Services, LLC in the Underlying Action. b. Plaintiff Southern-Owners Insurance Company’s Insurance Policy excludes coverage to Defendant A to Z Gulfcoast Services, LLC in connection with the Underlying Action or any final judgment against Defendant A to Z Gulfcoast Services, LLC, entered therein. (5) The Clerk is thereafter directed to CLOSE the case. DONE and ORDERED in Chambers, in Tampa, Florida, this 29th day of November, 2022.
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TOM BARBER
UNITED STATES DISTRICT JUDGE
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Authorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)