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)

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.

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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