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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CA 14-0418-CG-C ) ) 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

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