Wildfire Group, LLC v. Prime Insurance Company

Filing 91

OPINION. Signed by Honorable Judge Myron H. Thompson on 2/9/2016. (kh, ) Modified on 2/9/2016 to correct the date signed(kh, ).

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION WILDFIRE GROUP LLC, ) ) ) ) ) ) ) ) ) Plaintiff, v. PRIME INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 1:12cv847-MHT (WO) OPINION Plaintiff Wildfire Group LLC filed this lawsuit seeking a declaratory judgment and asserting a variety of state-law claims against defendant Prime Insurance Company stemming from a dispute about funds Wildfire paid into a trust jointly established by the parties. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that Wildfire’s motion for partial summary judgment should be granted in part, in that the court should enter a declaration of the parties’ rights and duties under the determining trust whether agreement Prime is for the required purpose to of authorize Wildfire’s request for distribution of trust assets; that Wildfire’s should be motion denied in for all partial other summary respects; judgment and that Prime’s motion for summary judgment should be granted on all remaining claims. the recommendation. review of the There are no objections to After an independent and de novo record, the court concludes that magistrate judge’s recommendation should be adopted. An appropriate judgment will be entered. DONE, this the 9th day of February, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE the

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