State Farm Fire and Casualty Company v. Denmark et al

Filing 52

ORDER In conformity with the Memorandum Opinion entered contemporaneously with this Order, the court OVERRULES all of Denmark's Objections and DENIES her motion to vacate portions of the magistrate judge's Report and Recommendation (doc. 47 ); ADOPTS the magistrate judge's findings and ACCEPTS her recommendations; GRANTS State Farm's motion for summary judgment regarding Defendant Carolyn Denmark's underlying personal injury action currently pending in state court and DEN IES AS MOOT the motion regarding the underlying wrongful death action that has been settled and dismissed (doc. 29); DENIES AS MOOT Denmark's motion to compel (doc. 36); and Orders that State Farm has no duty to defend or indemnify the Wren Defendants for the claims asserted against them in Denmark's underlying personal injury action. Signed by Chief Judge Karon O Bowdre on 2/23/16. (SAC )

FILED
2016 Feb-23 PM 04:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
STATE FARM FIRE AND
CASUALTY COMPANY,
Plaintiff,
v.
CAROLYN DENMARK, et. al.,
Defendants.

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) Case No: 2:13-cv-1835-KOB
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ORDER

In conformity with the Memorandum Opinion entered contemporaneously with this
Order, the court OVERRULES all of Denmark’s Objections and DENIES her motion to vacate
portions of the magistrate judge’s Report and Recommendation (doc. 47); ADOPTS the
magistrate judge’s findings and ACCEPTS her recommendations; GRANTS State Farm’s motion
for summary judgment regarding Defendant Carolyn Denmark’s underlying personal injury
action currently pending in state court and DENIES AS MOOT the motion regarding the
underlying wrongful death action that has been settled and dismissed (doc. 29); DENIES AS
MOOT Denmark’s motion to compel (doc. 36); and Orders that State Farm has no duty to defend
or indemnify the Wren Defendants for the claims asserted against them in Denmark’s underlying
personal injury action.
DONE and ORDERED this 23rd day of February, 2016.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE