State Farm Fire and Casualty Co. v. Johnson et al

Filing 13

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS re 6 MOTION to Dismiss and Motion for Attorneys' Fees filed by Richmond Tripp Johnson, III, 5 MOTION to Dismiss filed by Forrest A. Butts. Defendants' respective mot ions to dismiss this declaratory judgment action (docs. 5 and 6 )are DENIED. It is further recommended that the motion for attorney's fees filed by Richmond Tripp Johnson, III, is DENIED. Signed by Judge Kristi K. DuBose on 12/20/2012. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION STATE FARM FIRE AND CASUALTY CO., Plaintiff, v. RICHMOND TRIPP JOHNSON, III, and FORREST A. BUTTS, Defendants. ) ) ) ) ) ) CIVIL ACTION NO. 12-00358-KD-N ) ) ) ) ) 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 made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated November 8, 2012, is ADOPTED as the opinion of this Court and it is ORDERED that the defendants’ respective motions to dismiss (docs. 5 and 6) this declaratory judgment action be DENIED and that the motion for attorney’s fees filed by Defendant Richmond Tripp Johnson, III, be DENIED. DONE this 20th day of December, 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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