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

Filing 83

ORDER ON REPORT AND RECOMMENDATION: Finding no clear error, the Court adopts the 76 & 80 Recommendations of the Magistrate Judge making them the order of this Court; the Court orders the following: 1) Sentinel Insurance Company's 20 Motion to Dismiss Count III of Plf's Amended Complaint is GRANTED, and Count Three is DISMISSED with prejudice as to Sentinel Insurance Company; 2) Southern Insurance Underwriters, Inc.'s 22 Motion to Dismiss First Amended Complaint is GRANTED, and all claims stated against Southern Insurance Underwriters, Inc. are DISMISSED with prejudice; 3) Hartford Financial Services Group, Inc.'s 31 Motion to Dismiss is GRANTED, and all claims stated against Hartford Financial Services Group, I nc. are DISMISSED without prejudice; 4) The 60 Motion to Dismiss or Quash Service on Dft Designated as "The Hartford Large Loss Organization" is GRANTED, and all claims stated against The Hartford Large Loss Organization are DISMISSED wit hout prejudice; 5) Mt. Hebron District Missionary Baptist Association of AL, Inc.'s Oral Motion to Dismiss The Hartford Company, Inc. is GRANTED, and all claims stated against The Hartford Company are DISMISSED without prejudice; 6) Mt. Hebron D istrict Missionary Baptist Association of AL, Inc.'s Oral Motion to Dismiss The Hartford Billing Company: Sentinel Insurance Company, Ltd. is GRANTED, and all claims stated against Hartford Billing Company: Sentinel Insurance Company, Ltd. are D ISMISSED without prejudice; 7) Mt. Hebron District Missionary Baptist Association of AL, Inc.'s 50 Motion to Strike, Objection to Matters Outside of the Pleadings, and Motion to Remove Counsel of Record of Dfts is DENIED; 8) Mt. Hebron Distric t Missionary Baptist Association of AL, Inc.'s 28 Motion to Dismiss Sentinel Insurance Company's Interpleader Counterclaim is DENIED; and 9) Dr. Landon Alexander Sr.'s 33 Motion to Sever and Separate Trials is GRANTED, which includ es the third-party claim brought by Plf. (Doc. 34 ); The Court further orders that this action shall be referred back to the Magistrate Judge to handle all other pretrial matters which he is authorized to handle under the law. Signed by Honorable Judge Clay D. Land on 6/8/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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.

*

THE HARTFORD COMPANY, et al.,

CASE NO. 3:16-cv-00658-CDL-GMB

*

Defendants,
ORDER ON REPORT AND RECOMMENDATION
This matter is before the Court pursuant to a Report and
Recommendation by the United States Magistrate Judge entered on
March 16, 2017 and a Supplemental Report issued on April 3, 2017
(Doc. 76 and Doc. 80 respectively).

Neither party has filed an

objection to these Recommendations as permitted by 28 U.S.C. §
636(b)(1), and therefore, the Court reviews the Recommendations
for clear error.

Finding no clear error, the Court adopts the

Recommendations of the Magistrate Judge making them the order of
this Court.
Accordingly, the Court orders the following:
1.

Sentinel Insurance Company’s Motion to Dismiss Count
III of Plaintiff’s Amended Complaint (Doc. 20) i s
GRANTED, and Count Three is DISMISSED with prejudice
as to Sentinel Insurance Company;

2.

Southern

Insurance

Underwriters,

Inc.’s

Motion

to

Dismiss

First

GRANTED,

and

Insurance

Amended
all

Complaint

claims

Underwriters,

stated
Inc.

(Doc.
against

are

22)

is

Southern

DISMISSED

with

prejudice;
3.

Hartford Financial Services Group, Inc.’s Motion to
Dismiss (Doc. 31) i s GRANTED, and all claims stated
against

Hartford

Financial Services Group, Inc. are

DISMISSED without prejudice;
4.

The Motion to Dismiss or Quash Service on Defendant
Designated as “The Hartford Large Loss Organization”
(Doc. 60) is GRANTED, and all claims stated against
The Hartford Large Loss Organization a r e DISMISSED
without prejudice;

5.

Mt. Hebron District Missionary Baptist Association of
AL,

Inc.’s

Company,

Oral

Inc.

is

Motion

to

GRANTED,

Dismiss
and

all

The

Hartford

claims

stated

against The Hartford Company are DISMISSED without
prejudice;
6.

Mt. Hebron District Missionary Baptist Association of
AL,

Inc.’s

Oral

Motion

to

Dismiss

The

Hartford

Billing Company: Sentinel Insurance Company, Ltd. i s
GRANTED,
Billing

and

all

Company:

claims
Sentinel

stated

Insurance

are DISMISSED without prejudice;

2

against

Hartford

Company,

Ltd.

7.

Mt.

Hebron

District

Missionary

Baptist

Association

of AL, Inc.’s Motion to Strike, Objection to Matters
Outside

of

the

Counsel

of

Pleadings,

Record

of

and

Motion

Defendants

to

(Doc.

Remove
50)

is

DENIED;
8.

Mt.

Hebron

District

Missionary Baptist

Association

of AL, Inc.’s Motion to Dismiss Sentinel Insurance
Company’s

Interpleader

Counterclaim

(Doc.

28)

is

DENIED; and
9.

Dr.

Landon

Alexander

Sr.’s

Motion

to

Sever

and

Separate Trials (Doc. 33) is GRANTED, which includes
the

third-party

claim

brought

by

Plaintiff.

(Doc.

34).
The
referred

Court
back

further
to

the

orders

that

Magistrate

this

Judge

to

action
handle

shall
all

be

other

pretrial matters which he is authorized to handle under the
law.
SO ORDERED, this June 8, 2017.

s/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

3