Progressive Specialty Insurance Company v. The Estate of Jack William Mock et al

Filing 21

OPINION AND ORDER: it is ORDERED that: (1) The US Magistrate Judge's 19 recommendation is adopted; (2) Dft Nevels's 9 motion to dismiss is denied; (3) This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 8/8/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION PROGRESSIVE SPECIALTY INSURANCE COMPANY, ) ) ) Plaintiff, ) ) v. ) ) THE ESTATE OF JACK WILLIAM ) MOCK, Deceased; et al.; ) ) Defendants. ) CIVIL ACTION NO. 1:16cv220-MHT OPINION AND ORDER Plaintiff seeking a filed this declaratory-judgment determination of its action rights and responsibilities under a written policy of insurance. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendant Amber Camile Nevels’s motion to dismiss be denied magistrate and judge. recommendation. review of the the case be There are After record, an the referred no back to the objections to the independent court and concludes de that novo the magistrate judge’s recommendation should be adopted. * * * Accordingly, it is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 19) is adopted. (2) Defendant Nevels's motion to dismiss (doc. no. 9) is denied. (3) This case is referred back to the magistrate judge for further proceedings. DONE, this the 8th day of August, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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