Essex Insurance Company v. J & J Masonry LLC et al

Filing 65

MEMORANDUM OPINION ADOPTING and ACCEPTING the 63 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 5/26/2016. (JLC)

FILED
2016 May-26 AM 11:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ESSEX INSURANCE
COMPANY,
Plaintiff,
v.
J & J MASONRY, LLC, et al.,
Defendants.

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) Case No.: 4:14-CV-2153-VEH
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MEMORANDUM OPINION
This is a declaratory judgment action concerning the plaintiff’s insurance
defense and coverage obligations in underlying Alabama state court litigation. The
plaintiff has filed a motion to dismiss the case without prejudice pursuant to FED.
R. CIV. P. 41(a)(2), as the underlying state court lawsuits have been settled. (Doc.
61). The magistrate judge to whom the case was referred for preliminary review
has entered a report and recommendation pursuant to 28 U.S.C. § 636(b) that
recommends that the motion to dismiss be granted. (Doc. 63). No objections to the
report and recommendation have been filed, and the time prescribed for doing so
has expired.
Having carefully reviewed and considered de novo all the materials in the
court file, including the magistrate judge’s report and recommendation, the court

is of the opinion that the magistrate judge’s findings are due to be and are hereby
ADOPTED and his recommendation is ACCEPTED. Accordingly, the plaintiff’s
motion to dismiss is due to be GRANTED and this action is due to be
DISMISSED WITHOUT PREJUDICE. Further in light of the foregoing
dismissal, all remaining pending motions (docs. 26, 52, 57) are due to be
TERMED as MOOT.
DONE and ORDERED this 26th day of May, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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