Fidelity National Property and Casualty Insurance Company v. Nickerson

Filing 35

ORDER ADOPTING 33 REPORT AND RECOMMENDATION as the opinion of this Court, granting 25 MOTION to Dismiss, and dismissing action without prejudice. Signed by Judge Callie V. S. Granade on 12/6/2012. (mab)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION FIDELITY NATIONAL PROPERTY AND CASUALTY INSURANCE COMPANY, et al., Plaintiffs, vs. TONYA NICKERSON, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0172-CG-N ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made1, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated November 19, 2012, is ADOPTED as the opinion of this Court and it is ORDERED that defendant’s motion to dismiss this declaratory judgment action (doc. 25) be and is hereby GRANTED and that this action be and is hereby DISMISSED without prejudice. DONE and ORDERED this 6th day of December, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 1 Although the plaintiff’s only objection is to the recommendation to stay rather than dismiss the case, the only reason given is that “[i]t is possible that the state court could find that Fidelity was not liable to Nickerson for any of the . . .statecourt claims, without reaching a determination that Fidelity owes no coverage for damages caused to Nickerson’s home.” (Doc. 34-1 at 3). Plaintiff proffers no explanation of how such a result could occur. Because one of the state court claims is a breach of contract claim for non-payment under the policy, this Court finds that, even if possible, such a result would be highly unlikely.

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?