Toledano v. Shelter Mutual Insurance Company et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 20 Report and Recommendations; granting 11 Motion for Partial Summary Judgment. Plaintiff's claims based on bad faith are dismissed with prejudice. Signed by Honorable Susan O. Hickey on June 6, 2014. (mll)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION FABIAN TOLEDANO VS. PLAINTIFF CASE NO. 4:12-CV-4135 SHELTER MUTUAL INSURANCE COMPANY DEFENDANT ORDER Before the Court is the Report and Recommendation filed April 10, 2014 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 20). Judge Bryant recommends that Defendant’s Motion for Partial Summary Judgment (ECF No. 11) be granted. Plaintiff has filed objections to the Report and Recommendation. (ECF No. 21). Defendant has filed a response. (ECF No. 22). After reviewing the record de novo, the Court adopts Judge Bryant’s Report and Recommendation as its own. Plaintiff makes two objections which he claims are based on “mistakes of fact” in the Report and Recommendation. After reviewing the alleged “mistakes” and accepting Plaintiff’s interpretation of the facts as true, the Court believes that the analysis in the Report and Recommendation remains sound. There is no basis for Plaintiff’s claim of bad faith. Furthermore, while Plaintiff refers to “mistakes of fact” by Judge Bryant, Plaintiff’s objections are actually based on new facts and details that were not before Judge Bryant. As Defendant points out, Plaintiff may not present new facts and arguments in his objections that were not before the magistrate. Ridenour v. Boehringer Ingelheim Pharms., Inc., 679 F.3d 1062, 1067 (8th Cir.2012) The Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and Recommendation (ECF No. 20). For the reasons stated herein and above, as well as those contained in the Report and Recommendation, Defendant’s Motion for Partial Summary Judgment (ECF No. 11) should be and hereby is GRANTED. Plaintiff’s claims based on bad faith are DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 6th day of June, 2014. /s/ Susan O. Hickey Susan O. Hickey 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?