Filed: Jan. 12, 2016
Latest Update: Jan. 12, 2016
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's Motion for Entry of Final Default Judgment against Defendant Roberto Borrero Rivera and PR 53, Inc. d/b/a Tu Case Boricu Sports Bar & Grill (Doc. 53) filed on September 23, 2015. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agr
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's Motion for Entry of Final Default Judgment against Defendant Roberto Borrero Rivera and PR 53, Inc. d/b/a Tu Case Boricu Sports Bar & Grill (Doc. 53) filed on September 23, 2015. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agre..
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ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Plaintiff's Motion for Entry of Final Default Judgment against Defendant Roberto Borrero Rivera and PR 53, Inc. d/b/a Tu Case Boricu Sports Bar & Grill (Doc. 53) filed on September 23, 2015. The United States Magistrate Judge has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed December 22, 2015 (Doc. 57), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Motion for Entry of Final Default Judgment against Defendant Roberto Borrero Rivera and PR 53, Inc. d/b/a Tu Case Boricu Sports Bar & Grill (Doc. 53) is GRANTED.
3. The Clerk is DIRECTED to enter a declaratory judgment FINDING:
a. The Policy (BR01362618-01) does not provide coverage for any of the claims or damages claimed in Mr. Rivera's underlying state court action (Doc. 1 at 8-12) due to the Policy's specific exclusions from coverage; and
b. Plaintiff has no duty to defend or indemnify any party in the underlying state court action, including Mr. Rivera or PR 53.
4. Plaintiff's Motion for Summary Judgment (Doc. 54) is DENIED as moot.
5. The Clerk is DIRECTED to close the file.
DONE AND ORDERED.
