Cotton States Mutual Insurance Company v. Sellars et al

Filing 59

ORDER ADOPTING 44 Report and Recommendations; granting 27 MOTION for Default Judgment as to Defendant Jason Andrew Donald filed by Cotton States Mutual Insurance Company; It is further Ordered, Adjudged, and Decreed that Plaintiff Cotton States M utual Insurance Company has no obligation to defend or indemnify Defendant Jason Andrew Donald with regard to the claims asserted by Defendants Rosemary Stanley and Steven Stanley as further set out; granting 54 First MOTION to Dismiss; and that Pl aintiff's action against Defendants Rosemary Stanley and Steven Stanley is dismissed; The remaining parties are directed to file on or before 10/24/08, a joint statement of issues remaining for resolution in this case. Signed by Honorable William Keith Watkins on 10/15/08. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT FOR T H E MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION C O T T O N STATES MUTUAL IN S U R A N C E COMPANY, P l a in tif f , v. L E E A. SELLARS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ORDER B e f o re the court is the Report and Recommendation of the Magistrate Judge (Doc. # 44), the Motion to Dismiss (Doc. # 54) filed by Defendants Rosemary Stanley and Steven S ta n le y, and Plaintiff's Response (Doc. # 57) to the Motion to Dismiss. There being no objections filed to the Report and Recommendation of the Magistrate J u d g e , and upon an independent review of the file, it is ORDERED that the Report and R e c o m m e n d a tio n is adopted and that Plaintiff's Motion for Default Judgment against D e f e n d a n t Jason Andrew Donald (Doc. # 27) is GRANTED. It is further ORDERED, ADJUDGED, and DECREED that Plaintiff Cotton States M u tu a l Insurance Company has no obligation to defend or indemnify Defendant Jason A n d re w Donald with regard to the claims asserted by Defendants Rosemary Stanley and S te v e n Stanley. A d d itio n a ll y, there being no objection to Defendants' Motion to Dismiss, it is O R D E R E D that the motion is GRANTED, and that Plaintiff's action against Defendants R o s e m a ry Stanley and Steven Stanley is DISMISSED.

C A S E NO. 2:07-CV-868-WKW

T h e remaining parties are DIRECTED to file on or before October 24, 2008, a joint s ta te m e n t of issues remaining for resolution in this case. D O N E this 15th day of October, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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