Davis v. Westfield Insurance Company

Filing 32

ORDER adopting 31 REPORT AND RECOMMENDATIONS, DENYING 26 MOTION to dismiss for lack of jurisdiction filed by Westfield Insurance Company. Signed by Judge Anne C. Conway on 9/19/2016. (LAM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DARRELL DAVIS, Plaintiff, v. Case No: 6:15-cv-1936-Orl-22DAB WESTFIELD INSURANCE COMPANY, Defendant. ORDER This cause is before the Court on Westfield Insurance Company's Motion to Dismiss Plaintiff Darrell Davis' Complaint for Lack of Subject Matter Jurisdiction for Lack of Standing (Doc. No. 26) filed on August 16, 2016. The United States Magistrate Judge has submitted a report recommending that the Motion be DENIED. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed August 26, 2016 (Doc. No. 31), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Westfield Insurance Company's Motion to Dismiss Plaintiff Darrell Davis' Complaint for Lack of Subject Matter Jurisdiction for Lack of Standing is hereby DENIED. DONE and ORDERED in Orlando, Florida on September 19, 2016. Copies furnished to: Counsel of Record -2-

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