Opinion
CASE NO. 18-63048-CIV-SMITH/VALLE
01-29-2021
UNUM LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, v. LISA BISCOTTI, et al., Defendants.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
This matter came before the Court upon the Report and Recommendation to District Judge [DE 32] (the "Report"), in which Magistrate Judge Alicia O. Valle recommends: (i) striking the Answers of Defendants Eduardo Lopez and Angelcira Lopez; (ii) entering a default judgment against Defendants Eduardo Lopez and Angelcira Lopez; (iii) entering a judgment in favor of Defendant Lisa Biscotti; (iv) denying Plaintiff's claim for attorney's fees and costs alleged in the Complaint; and (v) administratively closing the case and denying all pending motions as moot. No objections have been filed to the Report. Having reviewed, de novo, the Report and Recommendation to District Judge and the record, and given that there are no objections, it is
ORDERED that:
1. The Report and Recommendation to District Judge [DE 32] is AFFIRMED and ADOPTED, and incorporated by reference into this Court's Order;
2. The Answers of Defendants Eduardo Lopez [DE 7] and Angelcira Lopez [DE 10] are stricken for failure to comply with the pleading requirements of Federal Rule of Civil Procedure 8;
3. Default Judgment is entered against Defendants Eduardo Lopez and Angelcira Lopez for failure to comply with the Federal Rules and Court Orders. Defendants Eduardo Lopez and Angelcira Lopez have waived their claim to the Death Benefits;
4. The Clerk's Default [DE 14] entered against Defendant Lisa Biscotti is VACATED based upon her proper Answer to the Complaint [DE 30], filed on October 30, 2019;
5. JUDGMENT is entered in favor of Defendant Lisa Biscotti. A separate order will be entered pursuant to Federal Rule of Civil Procedure 58;
6. The Clerk of Court is directed to DISBURSE the Death Benefits in the Court registry, plus any applicable interest since the date the funds were deposited into the Court registry to Defendant Lisa Biscotti by check made payable to Lisa Biscotti and mailed to 296 La Mancha Avenue, Royal Palm Beach, Florida 33411;
7. Plaintiff's claim for attorney's fees and costs is DENIED; and
8. This matter is administratively CLOSED. All pending motions not otherwise ruled upon are DENIED as moot.
DONE and ORDERED in Fort Lauderdale, Florida, this 29th day of January 2021.
/s/ _________
RODNEY SMITH
UNITED STATES DISTRICT JUDGE cc: All Counsel of Record