Great Lakes Reinsurance (UK) PLC v. Roca et al

Filing 67

ORDER Adopting 57 Magistrate's Report and Recommendation and Granting in part and Denying in part 23 32 the Parties' Motions for Summary Judgment. Signed by Chief Judge Federico A. Moreno on 1/27/09. (vs)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 07-23322-CIV-MORENO GREAT LAKES REINSURANCE (UK) PLC., a foreign corporation, Plaintiff, vs. RAFAEL JORGE ROCA and ELENA MARIA ROCA, Defendants. _____________________________________/ ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS FOR SUMMARY JUDGMENT THE MATTER was referred to the Honorable Edwin G. Torres, United States Magistrate Judge for a Report and Recommendation on Plaintiff's Motion for Summary Judgment (D.E. No. 23), filed on October 28, 2008 and on Defendant's Motion for Summary Judgment (D.E. No. 32), filed on October 31, 2008. The Magistrate Judge filed a Report and Recommendation (D.E. No. 57) on January 6, 2009. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge Edwin G. Torres's Report and Recommendation (D.E. No. 57) on January 6, 2009 is AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that:

(1) (2)

Plaintiff's Motion for Summary Judgment as to Count II is DENIED. Defendant's Motion for Summary Judgment as to Count I is GRANTED and as to

Count II is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of January, 2009.

_______________________________________ FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE Copies provided to: United States Magistrate Judge Edwin G. Torres Parties and Counsel of Record

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