Progressive Specialty Insurance Company v. Smith et al

Filing 38

ORDER ADOPTING 35 REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss Counterclaim filed by Progressive Specialty Insurance Company is denied. Signed by Judge Kristi K. DuBose on 12/17/2014. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PROGRESSIVE SPECIALTY INSURANCE COMPANY, Petitioner, : : : vs. CA 14-00320-KD-C : BOBBY SMITH and SHELIA SMITH, : Respondents. ORDER After due and proper consideration of 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 November 21, 2014 is ADOPTED as the opinion of this Court. Progressive ’s Specialty Insurance Company’s Rule 12(b)(1) motion to dismiss counterclaim (Doc. 18) is DENIED. DONE this 17th day of December 2014. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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