Life Insurance Company of North America v. Foster et al

Filing 39

ORDER ADOPTING 32 REPORT AND RECOMMENDATION. Dft Deborah Foster's 20 MOTION to Dismiss or Inter Alia Transfer to the Circuit Court of Pike County, Alabama or the Middle District of Alabama is DENIED IN ITS ENTIRETY, & the paragraphs of Dft Deborah Foster's 23 Answer to Cross-Claim & Third-Party Complaint requesting dismissal of claims as set out are STRICKEN for failure to comply w/LR 7.1(a) as set out. Signed by Judge Callie V. S. Granade on 5/5/10. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, : vs. : DEBORAH FOSTER, et al., : Defendants. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated March 31, 2010 is ADOPTED as the opinion of this Court. Therefore, Defendant Deborah Foster's motion to dismiss, or inter alia transfer to the Circuit Court of Pike County, Alabama or the Middle District of Alabama (Doc. 20) is hereby DENIED IN ITS ENTIRETY, and the paragraphs of Defendant Deborah Foster's answer to the cross-claim and third-party complaint, requesting dismissal of the claims brought by Amanda M. Foster and Ashley N. Foster, as well as the claims brought on behalf of T.M.F. and D.J.F. by Wendy Foster are hereby STRICKEN for failure to comply with Local Rule 7.1(a).1 DONE and ORDERED this 5th day of May, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE CA 09-0831-CG-C : :

Defendant Deborah Foster is granted leave to file a motion to dismiss the aforementioned claims along with a brief in support pursuant to Local Rule 7.1(a).

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