Franklin et al v. Garden State Life Insurance et al (MAG+)

Filing 44

ORDER; (1) The report and recommendation of the magistrate judge 37 is adopted. (2) Plaintiffs' motion to amend complaint 12 is granted. (3) Defendant American National Insurance Company's motion to dismiss 13 , defendant Peggy Chinn&# 039;s motion to dismiss 15 , defendant American National Insurance Company's amended motion to dismiss 23 , and defendant Peggy Chinn's amended motion to dismiss 25 are granted (4) Plaintiffs' motion to strike order 28 is denied. (5) Any other outstanding motions are denied as moot. Signed by Honorable Myron H. Thompson on 4/30/2010. (jg, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION NUE CHEER FRANKLIN, as Administratrix of the Estate of Elnoria Franklin, et al., ) ) ) ) Plaintiffs, ) ) v. ) ) GARDEN STATE LIFE INSURANCE ) et al., ) ) Defendants. ) ORDER On April 15, 2010, the magistrate judge issued a report and recommendation to which no timely objections were made. Upon an independent and de novo review of the record and upon consideration of the recommendation of the magistrate judge, it is the ORDER, JUDGMENT and DECREE that: (1) (2) (3) The report and recommendation of the magistrate judge (Doc. 37) is adopted. Plaintiffs' motion to amend complaint (Doc. 12) is granted. Defendant American National Insurance Company's motion to dismiss (Doc. 13), defendant Peggy Chinn's motion to dismiss (Doc. 15), defendant American National Insurance Company's amended motion to dismiss (Doc. 23), and defendant Peggy Chinn's amended motion to dismiss (Doc. 25) are granted.

CASE NO. 2:10-cv-123-MHT [wo]

(4) (5)

Plaintiffs' motion to strike order (Doc. 28) is denied. Any other outstanding motions are denied as moot.

DONE, this the 30th day of April, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE