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)

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.

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) CIVIL ACTION NO. 12-00358-KD-N
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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