Heaton v. Geico Insurance Company of Alabama

Filing 32

ORDER ADOPTING 27 REPORT AND RECOMMENDATION, and GRANTING 16 MOTION to Dismiss insofar as service was defective and should be quashed but DENIED to the extent it seeks dismissal of plaintiff's claims. Signed by Judge Callie V. S. Granade on 11/20/2015. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PHILIP HEATON,
Plaintiff,
vs.
GEICO INSURANCE COMPANY OF
ALABAMA,
Defendant.

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CIVIL ACTION NO. 15-0224-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 October 28, 2015 is ADOPTED as the opinion of this
Court.
It is hereby ORDERED, ADJUDGED, and DECREED that GEICO’s Rule
12(b)(4) and (5) motion to dismiss (Doc. 20) is GRANTED insofar as service was
defective and should be quashed but DENIED to the extent it seeks dismissal of
plaintiff’s claims.
DONE and ORDERED this 20th day of November, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE