Twin Oil Company, et al v. Total Containment, et al

Filing 707

ORDER adopting 680 the Magistrate Judge's Report and Recommendation, GRANTING 379 AIG Commercial Insurance Company of Canada f/k/a Commerce & Industry Company of Canada's Motion for Partial Summary Judgment, and DENYING AS MOOT 581 AIG's Motion for Separate Trial. Signed by Judge Joan A. Lenard on 4/15/2009. (lc1)

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U N IT E D STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C a se No. 06-20953-CIV-LENARD/TORRES CITY OF ST. PETERSBURG, a Florida municipality, et al., P l a i n t if f s , vs. T O T A L CONTAINMENT, INC., a Pennsylvania corporation, et al., D e f e n d a n ts . ________________________________/ O R D E R ADOPTING THE MAGISTRATE JUDGE'S REPORT AND R E C O M M E N D A T I O N (D.E. 680), GRANTING AIG COMMERCIAL I N S U R A N C E COMPANY OF CANADA f/k/a COMMERCE & INDUSTRY IN S U R A N C E COMPANY OF CANADA'S MOTION FOR PARTIAL SUMMARY J U D G M E N T (D.E. 379) AND DENYING AS MOOT MOTION FOR SEPARATE T R I A L (D.E. 581) T H I S CAUSE is before the Court on the Report and Recommendation issued by U.S. M a g is tra te Judge Edwin G. Torres on March 3, 2009 ("Report," D.E. 680), recommending th a t the Motion for Partial Summary Judgment filed by AIG Commercial Insurance Company o f Canada 1 ("AIG"), on January 14, 2008 (D.E. 379), be granted in its entirety and that AIG's M o tio n for Separate Trial (D.E. 581) filed on April 1, 2008, be denied as moot. Therein, On February 19, 2009, the Court granted Commerce & Industry Insurance Company of Canada's Motion to Amend Party Name to AIG Commercial Insurance Company of Canada. (See D.E. 676.) 1 P lain tiff s were provided ten (10) days to file objections to the Report. Failure to file o b je c tio n s timely shall bar the parties from attacking on appeal the factual findings contained in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 ( 1 1 t h Cir. 1993). As the March 20, 2009, deadline for filing objections to the Report has p a s s e d and no parties have filed objections, it is hereby: O R D E R E D AND ADJUDGED that: 1. T h e Report of the Magistrate Judge (D.E. 680) is ADOPTED consistent with th is Order; 2. A I G ' s Motion for Partial Summary Judgment, filed on January 14, 2008 (D.E. 3 7 9 ) , is GRANTED. 3. A IG 's Motion for Separate Trial, filed on April 2, 2008 (D.E. 581), is D E N IE D AS MOOT. D O N E AND ORDERED in Chambers, at Miami, Florida, this 15th day of April, 2009. JOAN A. LENARD U N I T E D STATES DISTRICT JUDGE 2

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