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)

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