Travelers Casualty and Surety Company of America v. Martin

Filing 71

ORDER adopting in part Report and Recommendations re 62 Report and Recommendations; the Clerk is directed to add Shadi Martin as a counterclaim plaintiff; denying 46 Motion to Strike ; granting 52 Motion to Amend/Correct; denying 54 Motion for Partial Summary Judgment; The Martins motion under Rule 56(d) to defer summary judgment and allow discovery (doc. 57 at 13-19) is hereby GRANTED.. Signed by Judge L Scott Coogler on 11/3/2016. (KAM, )

FILED
2016 Nov-03 PM 02:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
TRAVELERS CASUALTY AND
SURETY COMPANY OF
AMERICA,

)
)
)
)
Plaintiff/Counterclaim )
Defendant,
)
)
vs.
)
)
BRYAN MARTIN,
)
)
Defendant/
)
Counterclaim Plaintiff/ )
Third Party Plaintiff.
)
)
vs.
)
)
EDWARD HUBBARD, et al.
)
)
Third Party Defendants. )

7:14-cv-2286-JEO

ORDER
On September 6, 2016, the magistrate judge filed his report and
recommendation recommending the following:
1)

that the Court clarify, sua sponte, that Bryan Martin’s wife,
Shadi Martin, is a party and direct the Clerk to add her to the
docket sheet as a “counterclaim plaintiff”;

2)

that First American Title Insurance Company’s motion to
strike or dismiss the claims asserted against it in the Martins’
Amended Counterclaim and Third Party Complaint be denied;
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3)

that the Martin’s Rule 15(a) motion seeking authorization for
the filing of their Amended Counterclaim and Third Party
Complaint be granted;

4)

that the Martins’ motion under Rule 56(d) to defer summary
judgment and allow discovery be denied;

5)

that Travelers Casualty and Surety Company of America’s
motion for partial summary judgment on its claim for indemnity
against Mr. Martin be granted.

(Doc. 62.) On September 20, 2016, Defendant, Bryan Martin, filed objections to
the magistrate judge’s report and recommendation. (Doc. 64.) The undersigned
was then randomly drawn to review the report and recommendation.
Having carefully considered de novo the entire file in this action, including
the report and recommendation and the objections thereto, the Court is of the
opinion that the report and recommendation is due to be adopted and accepted in
part and rejected in part. This Court does not agree with the magistrate judge that
summary judgment is due to be granted in favor of Plaintiff, Travelers Casualty and
Surety Company of America, on its claim for indemnity against Defendant, Bryan
Martin, at this time. Additionally, because this Court finds that the Martins are
entitled to conduct discovery, it does not agree with the magistrate judge that the
Martins’ Rule 56(d) motion is due to be denied. In all other respects, the report and
recommendation is due to be adopted and accepted.
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Accordingly, the Clerk is hereby DIRECTED to add Shadi Martin to the
docket sheet as a “counterclaim plaintiff.” First American Title Insurance
Company’s motion to strike or dismiss the claims asserted against it in the
Martins’ Amended Counterclaim and Third Party Complaint (doc. 46) is hereby
DENIED. The Martins’ Rule 15(a) motion seeking authorization for the filing of
their Amended Counterclaim and Third Party Complaint (doc. 52) is hereby
GRANTED. Travelers Casualty and Surety Company of America’s motion for
partial summary judgment on its claim for indemnity against Mr. Martin (doc. 54)
is hereby DENIED. The Martins’ motion under Rule 56(d) to defer summary
judgment and allow discovery (doc. 57 at 13-19) is hereby GRANTED.
This action is to remain with the magistrate judge for further proceedings
not inconsistent with this Order. The Court notes that this Order may require the
magistrate judge to amend the Scheduling Order presently in effect (doc. 68) to
allow for this additional discovery.
DONE and ORDERED on November 3, 2016.

_____________________________
L. Scott Coogler
United States District Judge
160704

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