Pittman v. State Farm Fire and Casualty Insurance Company, et al. (JOINT ASSIGN)

Filing 94

JUDGMENT, in accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) the 87 , 88 , & 89 objections are overruled; (2) the 86 REPORT AND RECOMMENDATION of the Magistrate Judge is a dopted; (3) the 13 , 55 , 60 , & 62 Motions to Dismiss are granted, and this case is dismissed in its entirety, as further set out in order; further ORDERING that costs are taxed against plf, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 12/14/15. (Attachments: # 1 civil appeals checklist)(djy, )

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

WINDHAM TODD PITTMAN,
Plaintiff,
v.
STATE FARM FIRE AND
CASUALTY INSURANCE
COMPANY; et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv959-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The objections (doc. no. 87, 88, & 89) are
overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 86) is adopted.
(3) The motions to dismiss (doc. nos. 13, 55, 60, &
62) are granted, and this case is dismissed in its
entirety, as set forth below.

(4)

Counts

One

and

Two

of

the

First

Amended

Complaint (doc. no. 33) are dismissed with prejudice.
(5)

Counts

Complaint

Three

(doc.

and

no.

Four

33)

of

are

the

First

dismissed

Amended
without

prejudice, and with leave to refile in state court.
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is closed.
DONE, this the 14th day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Civil