Summary
granting the plaintiff's motion for default judgment and ordering injunctive relief pursuant to the doctrine of quia timet
Summary of this case from Great Am. Ins. Co. v. 53rd Place, LLCOpinion
Case No. 5:12-CV-02717-TMP
12-16-2013
AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. RANDY B. TERRY, INC.; RANDY B. TERRY, Defendants.
MEMORANDUM OPINION
On November 6, 2013, the Magistrate Judge filed his Report and Recommendation in this matter recommending that the court enter a default preliminary injunction to (1) require Defendants to deposit with the Clerk of Court the sum of $263,000 as a security deposit against the sums to which Auto-Owners will be entitled for indemnification; (2) require Defendants to immediately allow Plaintiff access to, and make available, all records, accounts, and documents relevant to Defendants' business and the contract with the Lawrence County Commission; and (3) prohibiting Defendants from selling, leasing, liening, encumbering, damaging, destroying, or otherwise dissipating or disposing of Defendants' equipment, inventory, accounts, intangibles, and other assets pending entry of a final judgment in this action. (Doc. # 15). Although objections to the Report and Recommendation were due to be filed by November 20, 2013, no objections were filed. See Fed. R. Civ. P. 72(b).
Having now carefully reviewed and considered de novo all of the materials in the court file, including the Report and Recommendation, the court is of the opinion that the Report is due to be, and hereby is, ADOPTED, and the Recommendation is ACCEPTED. A separate order will be entered.
The court notes that it was not required to conduct an independent review of the Report and Recommendation in this case because no party has filed objections. Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 150 (1985)("It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."). Nevertheless, the court has reviewed the Magistrate's Report and agrees with his conclusions.
________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE