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, )

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