Agostinelli et al v. Fifth Third Bank

Filing 82

ORDER ADOPTING 71 REPORT AND RECOMMENDATION. 34 MOTION to Dismiss Plfs' Amended Complaint filed by Tracksure Insurance Agency, Inc., 36 MOTION to Dismiss Plfs' Amended Complaint filed by Assurant Inc., & 67 Joint MOTION to Stay or, in Alternative, MOTION to Dismiss Fifth Third Bank's Cross-Claim, or MOTION for More Definite Statement are DENIED. Signed by Judge Callie V. S. Granade on 5/26/2011. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION EDWARD AGOSTINELLI, et al., Plaintiffs, VS. FIFTH THIRD BANK, et al., Defendants. : : : : : : : : : CIVIL ACTION NO. 10-00294-CG-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made1, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. '636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Defendant TrackSure Insurance Agency’s Motion to Dismiss Plaintiffs’ Amended Complaint (Doc. 34), Defendant Assurant, Inc.’s Motion to Dismiss Plaintiffs’ Amended Complaint (Doc. 36), and Defendants TrackSure Insurance Agency and Assurant, Inc.’s Joint Motion to Stay or, in the Alternative to Dismiss Defendant Fifth Third Bank’s Cross-claim or Motion for a More Definite Statement (Doc. 67) are DENIED. DONE and ORDERED this 26th day of May, 2011. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 1 While the court recognizes that certain of Assurant Inc.’s arguments may ultimately prevail, at this stage the court finds the allegations against Assurant to be sufficient to proceed with the litigation.

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