Chappell v. Texas Steakhouse of Alabama, Inc. et al

Filing 36

OPINION AND ORDER: It is ORDERED that: (1) The 34 Recommendation of the Magistrate Judge is adopted. (2) The 31 Joint Motion to Substitute is granted, and Colony Insurance Company is substituted for Colony Specialty Insurance Company as the defen dant in this action. (3) All claims against Colony Specialty Insurance Company are dismissed without prejudice and with no costs taxed, and Colony Specialty Insurance Company is terminated as a party to this action. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/28/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KERRY CHAPPELL, et al.,

)
)
Plaintiffs,
)
)
v.
)
)
COLONY SPECIALTY INSURANCE )
COMPANY,
)
)
Defendant.
)

CIVIL ACTION NO.
2:16cv140-MHT
(WO)

OPINION AND ORDER
Pending before the court is the recommendation of
the

United

motion

to

States

Magistrate

substitute

Colony

Judge

that

Insurance

the

Company

joint
for

defendant Colony Specialty Insurance Company be granted
and that all claims against Colony Specialty Insurance
Company be dismissed.
recommendation.

Upon

There are no objections to the
and

independent

and

de

novo

review of the record, it is ORDERED that:
(1)

The

recommendation

(doc. no. 34) is adopted.

of

the

magistrate

judge

(2) The joint motion to substitute (doc. no. 31) is
granted, and Colony Insurance Company is substituted
for Colony Specialty Insurance Company as the defendant
in this action.
(3) All claims against Colony Specialty Insurance
Company

are

dismissed

without

prejudice

and

with

no

costs taxed, and Colony Specialty Insurance Company is
terminated as a party to this action.
This case is referred back to the magistrate judge
for further proceedings.
DONE, this the 28th day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE