United States District Court, N.D. Illinois, Western Division
September 5, 2014
Nautilus Insurance Company, Plaintiff,
Front Range Environmental, LLC, Defendant.
PHILIP G. REINHARD, District Judge.
On 8/6/2014, Magistrate Judge Johnston entered a report and recommendation  that plaintiff's motion  for default judgment be granted. No objections were filed but plaintiff filed a document  it characterized as a "response" to the report and recommendation in which it asked the court to accept the report and recommendation but also asked that the court find additional grounds for entry of the default judgment beyond those set forth in the report and recommendation. The court struck this document and granted plaintiff until 9/3/2014 to file a motion with Magistrate Judge Johnston asking him to withdraw the report and recommendation and to seek entry of a new one if plaintiff so desired. The court stated that if no such motion was filed within the time allowed, the court would accept the report and recommendation  on file and enter the default judgment as recommended by Magistrate Judge Johnston as no timely objection to the report and recommendation had been filed. Plaintiff has not filed such a motion with the magistrate judge.
The court has reviewed the record and accepts the report and recommendation. Plaintiff's motion  for default judgment is granted. Default judgment is entered in favor of plaintiff and against defendant declaring that plaintiff has no duty to defend defendant in the state court case Wal-Mart Stores, Inc. v. Front Range Environmental et al., Case No. 2013 CV 32289, pending in Jefferson County, Colorado District Court.