American Modern Select Insurance Company v. Witherspoon et al

Filing 34

ORDER ADOPTING 33 REPORT AND RECOMMENDATION. Dft's 16 MOTION to Dismiss is GRANTED, & this action is DISMISSED w/o prejudice. Signed by Judge Callie V. S. Granade on 12/13/2012. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION AMERICAN MODERN SELECT INSURANCE COMPANY, Plaintiff, vs. MARY ANN WITHERSPOON and TERRIE WITHERSPOON BLEDSON, Defendants ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0502-CG-N ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated November 20, 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 13th day of December, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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