Mt. Hebron District Missionary Baptist Association of AL, Inc. v. The Hartford Company et al

Filing 107

ORDER: After a de novo review of the record in this case, the Report and Recommendation of the Magistrate Judge filed September 14, 2017 (ECF No. 104 ), is hereby approved, adopted, and made the Order of the Court. Mt. Hebron's objections ha ve been considered and are found to be without merit. Accordingly, Mt. Hebron's pre-discovery "Renewal of Motion to Dismiss and Motion for Summary Judgment" (ECF No. 94 ), which the Magistrate Judge construed as a motion only for summary judgment, is denied, with leave to refile at the conclusion of discovery or after the factual record has been developed more fully. Signed by Honorable Judge Clay D. Land on 9/27/2017. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
MT. HEBRON DISTRICT MISSIONARY
BAPTIST ASSOCIATION OF AL,
INC.,
Plaintiff,

*
*
*

vs.

*

SENTINEL INSURANCE COMPANY,
LIMITED,

*
CASE NO. 3:16-CV-658-CDL-GMB
*

Defendant.
*
vs.
*
LANDON ALEXANDER, SR.,
*
Third-Party Defendant
*
O R D E R
There are two issues presently pending before the Court in
this action.
U.S.

First, attorney Kenneth Funderburk objects to the

Magistrate

Judge’s

Order

disqualifying

his

firm

from

representing Plaintiff Mt. Hebron District Missionary Baptist
Association of Alabama, Inc. in this case.
the

disqualification

Second,

Mt.

Hebron

order
objects

under
to

He seeks review of

28 U.S.C. § 636(b)(1)(A).
the

Magistrate

Judge’s

recommendation that Mt. Hebron’s pre-discovery summary judgment
motion be denied.

The Court will address each issue in turn.

I.

Order Disqualifying Funderburk & Lane
Third-party

Defendant

Landon

Alexander,

Sr.

moved

to

disqualify the law firm of Funderburk & Lane from representing
Plaintiff Mt. Hebron District Missionary Baptist Association of
Alabama, Inc. in this action.

The U.S. Magistrate Judge, who

has been designated to handle non-dispositive pretrial matters
in

this

Kenneth

action,

granted

Funderburk

and

the

his

motion,

firm

finding

should

be

that

attorney

disqualified

from

representing Mt. Hebron in this matter due to a conflict of
interest.
for

Order, Sept. 7, 2017, ECF No. 102.

reconsideration

of

the

Magistrate

Funderburk moved

Judge’s

ruling

under

28 U.S.C. § 636(b)(1)(A), which provides that a U.S. District
Judge

“may

reconsider

any

pretrial

matter”

that

had

been

designated to a Magistrate Judge “where it has been shown that
the magistrate judge’s order is clearly erroneous or contrary to
law.”

28 U.S.C. § 636(b)(1)(A).
The

Court

Funderburk’s

reviewed

objection

materials that the

to

the

Magistrate

it.

Magistrate

The

Court

Judge’s
also

order

and

reviewed

the

Judge relied on in his order,

including Funderburk’s affidavit (ECF No. 90-1) and Alexander’s
affidavit

(ECF

No.

87-1).

Based

on

this

review,

the

Court

cannot find that the Magistrate Judge committed clear error or
that his order was contrary to the law.
concludes

that

the

Magistrate

Judge’s

2

Rather, the Court

well-reasoned

order

is

supported by both the record and the law.

Accordingly, the

Court declines to reconsider the Magistrate Judge’s order.
II.

R&R Recommending Denial
Summary Judgment Motion

of

Mt.

Hebron’s

Pre-Discovery

After a de novo review of the record in this case, the
Report

and

Recommendation

of

the

Magistrate

Judge

filed

September 14, 2017 (ECF No. 104), is hereby approved, adopted,
and made the Order of the Court.
Mt. Hebron’s objections have been considered and are found
to be without merit.

Accordingly, Mt. Hebron’s pre-discovery

“Renewal of Motion to Dismiss and Motion for Summary Judgment”
(ECF No. 94), which the Magistrate Judge construed as a motion
only for summary judgment, is denied, with leave to refile at
the conclusion of discovery or after the factual record has been
developed more fully.
IT IS SO ORDERED, this 27th day of September, 2017.
S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE

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