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

Filing 66

JUDGMENT; In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiffs Nue Cheer Franklin and Gladys Franklin's objections 55 are overruled. (2) The United States Ma gistrate Judge's recommendation 37 is adopted. (3) The Franklin plaintiffs' motion to amend complaint 12 is granted. (4) The Franklin plaintiffs' motion to strike 28 is denied. (5) Defendants Peggy Chinn's and American Natio nal Insurance Company's motions to dismiss 13 , 15 , 23 , & 25 are granted. (6) Defendants Chinn and American National Insurance Company and the claims against them are dismissed without prejudice. It is further ORDERED that costs are taxed against the Franklin plaintiffs, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Myron H. Thompson on 8/24/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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

Doc. 66

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

NUE CHEER FRANKLIN, as ) Administratrix of the ) Estate of Elnoria ) Franklin, and GLADYS ) FRANKLIN, as Alternate ) Administratrix of the ) Estate of Elnoria Franklin, ) ) Plaintiffs, ) ) v. ) ) GARDEN STATE LIFE ) INSURANCE (GSLIC), et al., ) ) Defendants. ) JUDGMENT

CIVIL ACTION NO. 2:10cv123-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiffs Nue Cheer Franklin and Gladys Franklin's objections (doc. no. 55) are overruled. (2) The United States Magistrate Judge's recommendation (doc. no. 37) is adopted.

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(3) The Franklin plaintiffs' motion to amend complaint (doc. no. 12) is granted. (4) The Franklin plaintiffs' motion to strike (doc. no. 28) is denied. (5) Defendants Peggy Chinn's and American National Insurance Company's motions to dismiss (doc. nos. 13, 15, 23, & 25) are granted. (6) Defendants Chinn and American National Insurance Company and the claims against them are dismissed without prejudice. It is further ORDERED that costs are taxed against the Franklin plaintiffs, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 24th day of August, 2010.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE