Franklin v. Garden State Life Insurance

Filing 55

ORDER as follows: 1) Plaintiffs' motion for reconsideration (doc. 35 ) is denied; 2) Plaintiffs' objections (doc. no. 35 ) are overruled; 3) ADOPTING 29 REPORT AND RECOMMENDATIONS; 4) Plaintiffs' motion for leave to amend doc 19 is granted; 5) The claims brought by plaintiff Nue Cheer Franklin as administratrix of the estate of Elnoria Franklin are dismissed without prejudice; 6) Plainitffs' motion to strike (doc. 24 ) is denied; It is further Ordered that this cause is referred back to the US Mag Judge for further appropriate proceedings. Signed by Honorable Myron H. Thompson on 6/16/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

NUE CHEER FRANKLIN and THE ) ESTATE OF ELNORIA FRANKLIN, ) ) Plaintiffs, ) ) v. ) ) GARDEN STATE LIFE ) INSURANCE and AMERICAN ) NATIONAL INSURANCE COMPANY, ) ) Defendants. ) ORDER After an independent and de

CIVIL ACTION NO. 2:09cv109-MHT

novo

review

of

the

record, it is ORDERED as follows: (1) Plaintiffs' motion for reconsideration (Doc. No. 35) is denied. (2) Plaintiffs' overruled. (3) The magistrate judge's recommendation (Doc. No. 29) is adopted. objections (Doc. No. 35) are

(4) Plaintiffs' motion for leave to amend (Doc. No. 19) is granted. (5) The claims as brought by plaintiff of the Nue Cheer of

Franklin Elnoria

administratrix are

estate

Franklin

dismissed

without

prejudice. (6) Plaintiffs' motion to strike (Doc. No. 24) is denied. It is further ORDERED that this cause is referred back to the United States Magistrate Judge for further appropriate proceedings. DONE, this the 16th day of June, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE