AMERICAN CONTRACTORS INDEMNITY COMPANY v. BILL WHORFF INC et al, No. 2:2010cv00434 - Document 61 (D. Me. 2011)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 60 Report and Recommendations for 59 Motion for Order for Installment Payments. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE AMERICAN CONTRACTORS INDEMNITY COMPANY, PLAINTIFF v. BILL WHORFF, INC., ET AL., DEFENDANTS ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:10-CV-434-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On September 27, 2011, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on Judgment Creditor s Motion for Installment Payment Order. The time within which to file objections expired on October 14, 2011, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The motion for installment payment order is DENIED WITHOUT PREJUDICE. The creditor is permitted an opportunity to refile its motion with the proviso that it (1) use the correct monthly rental payment amount; (2) either provide evidence of, or estimate, the amount of Quinn s tax payments, and (3) to the extent that it provides an estimate of Quinn s tax payments, explain its rationale for said estimate. SO ORDERED. DATED THIS 18TH DAY OF OCTOBER, 2011 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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