Metropolitan Glass Company, Inc. et al v. National Trust Insurance Company et al

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION. Counts V & VI of Plfs' complaint are DISMISSED as set out. Plfs are to amend their complaint as set out on or before 1/12/2015. Dfts' answer to amended complaint should be filed NLT 1/26/2014. Signed by Judge Callie V. S. Granade on 1/5/2015. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
METROPOLITAN GLASS
COMPANY, INC. and QBE
INSURANCE CORPORATION,
Plaintiffs,
vs.
NATIONAL TRUST INSURANCE
COMPANY, FCCI INSURANCE
COMPANY, and FCCI INSURANCE
GROUP,
Defendants.

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CA 14-0418-CG-C

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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 December 17, 2014, is ADOPTED as the opinion of
this Court. Counts V and VI of plaintiffs’ complaint are due to be and hereby are
DISMISSED.

In addition, plaintiffs’ are ORDERED to amend their complaint to

take out Counts V and VI and, as well, eliminate all unnecessary references to
punitive damages on or before January 12, 2015. The defendants’ answer to the
amended complaint shall be filed no later than January 26, 2015.
DONE and ORDERED this 5th day of January, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE