Alabama Insurance Guaranty Association v. FrankCrum 1 Inc et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS that the court hereby overrules defendants' objections and adopts and approves the findings and recommendation of the Magistrate Judge as the findings and conclusions of this court and it is ORDERED that defendants' motion to dismiss is DENIED; this case is referred back to the Magistrate Judge for all further proceedings; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 6/14/2012. (AHI)

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FILED 2012 Jun-14 PM 03:33 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALABAMA INSURANCE GUARANTY ASSOCIATION, Plaintiff, vs. FRANK CRUM 1, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:11-CV-3228-PWG ORDER This case is before the court on the report and recommendation of the Magistrate Judge, recommending that defendants’ motion to dismiss be denied.1 Defendants filed objections to the report and recommendation,2 and plaintiff replied to defendants’ objections.3 The court has considered the entire file in this action, including the report and recommendation, and has reached an independent conclusion that defendants’ objections are due to be overruled, and the report and recommendation is due to be adopted and approved. Accordingly, the court hereby overrules defendants’ objections and adopts and approves the findings and recommendation of the 1 Doc. no. 25. 2 Doc. no. 27. 3 Doc. no. 31. Magistrate Judge as the findings and conclusions of this court. It is ORDERED that defendants’ motion to dismiss is DENIED. This case is referred back to the Magistrate Judge for all further proceedings. DONE this 14th day of June, 2012. ______________________________ United States District Judge -2-

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