Canal Insurance Company v. INA Trucking, LLC et al (MAG2)

Filing 42

OPINION AND ORDER: it is ORDERED as follows: (1) The 41 recommendation of the magistrate judge, to which no objection has been filed, is adopted; (2) The 19 motion to dismiss is granted as to the counterclaim asserted by dft M.B.P., and said coun terclaim is dismissed without prejudice; (3) The 33 motion to dismiss is granted, and the indemnity claim asserted by plf Canal Insurance Company is dismissed without prejudice; (4) The 33 motion to dismiss and alternative motion to stay are in a ll remaining respects denied as moot; (5) The 28 motion to dismiss is denied; (6) The 40 motion to stay is denied; further ORDERED that this cause is referred back to the magistrate judge for the appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 3/27/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
CANAL INSURANCE COMPANY,
Plaintiff,
v.
INA TRUCKING, LLC,
et al.,
Defendants.

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CIVIL ACTION NO.
1:16cv82-MHT
(WO)

OPINION AND ORDER
After

an

independent

and

de

novo

review

of

the

record, it is ORDERED as follows:
(1) The

recommendation

of

the

magistrate

judge

(doc. no. 41), to which no objection has been
filed, is adopted.
(2)

The motion to dismiss (doc. no. 19) is granted
as to the counterclaim asserted by defendant
M.B.P.,

and

said

counterclaim

is

dismissed

without prejudice.
(3) The motion to dismiss (doc. no. 33) is granted,
and the indemnity claim asserted by plaintiff

Canal Insurance Company is dismissed without
prejudice.
(4) The motion to dismiss and alternative motion to
stay

(doc.

no.

33)

are

in

all

remaining

respects denied as moot.
(5) The motion to dismiss (doc. no. 28) is denied.
(6) The motion to stay (doc. no. 40) is denied.
It is further ORDERED that this cause is referred
back

to

the

magistrate

judge

for

the

appropriate

proceedings.
DONE, this the 27th day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE