Burke et al v. New Hampshire Insurance Company et al

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION as the opinion of this Court, GRANTING 5 MOTION to Dismiss filed by New Hampshire Insurance Company, and DISMISSING Plaintiffs' Second Cause of Action in their Complaint. Signed by Senior Judge Callie V. S. Granade on 4/6/2016. (mab)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LARRY JAMES BURKE and DARLA BURKE, Plaintiffs, vs. NEW HAMPSHIRE INSURANCE COMPANY and FLAGSTAR BANK FSB, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 15-0525-CG-N ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge dated March 17, 2016, and made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant New Hampshire Insurance Company’s Motion to Dismiss Plaintiffs’ Second Cause of Action under Federal Rule of Civil Procedure 12(b)(6) (Doc. 5) is GRANTED and that the Plaintiffs’ Second Cause of Action in their Complaint (Doc. 1) is DISMISSED. DONE and ORDERED this 6th day of April, 2016. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?