Filed: Sep. 11, 2018
Latest Update: Sep. 11, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 33). Judge McCoy recommends the Court grant Defendant Scottsdale Insurance Company's Amended Motion to Compel Appraisal and Abate All Proceedings. (Doc. 20). No party has objected to the Report and Recommendation, and the period to do so has lapsed. This matter is ripe for review. After conducting a careful and complete review of the finding
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 33). Judge McCoy recommends the Court grant Defendant Scottsdale Insurance Company's Amended Motion to Compel Appraisal and Abate All Proceedings. (Doc. 20). No party has objected to the Report and Recommendation, and the period to do so has lapsed. This matter is ripe for review. After conducting a careful and complete review of the findings..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 33). Judge McCoy recommends the Court grant Defendant Scottsdale Insurance Company's Amended Motion to Compel Appraisal and Abate All Proceedings. (Doc. 20). No party has objected to the Report and Recommendation, and the period to do so has lapsed. This matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file and upon consideration of Judge McCoy's findings and recommendation, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 33) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Defendant Scottsdale Insurance Company's Amended Motion to Compel Appraisal and Abate All Proceedings (Doc. 20) is GRANTED.
a. The parties must expeditiously obtain an appraisal in the manner prescribed by the appraisal provision of the subject insurance policy.
b. The action is ABATED pending completion of the appraisal process. All deadlines are stayed until the appraisal process is completed.
c. The parties shall file a joint status report every ninety (90) days telling the Court of the status of the appraisal process.
d. Within five (5) days of completing the appraisal process the parties shall file a joint notice informing the Court.
3. The Clerk of Court is DIRECTED to add a stay flag to this action.
DONE and ORDERED.
