Charter Realty Group v. James River Insurance Company

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 30 Motion ; Adopting 49 Report and Recommendations. Certificate of Appealability: No Ruling; granting 29 Motion to Dismiss Signed by Judge Kathleen M. Williams on 1/8/2021. See attached document for full details. (pcs)

Case 1:20-cv-22768-KMW Document 50 Entered on FLSD Docket 01/08/2021 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 20-22768-CIV-WILLIAMS
CHARTER REALTY GROUP,
Plaintiff,
v.
JAMES RIVER INSURANCE COMPANY,
Defendant.
_____________________________________/
ORDER
THIS MATTER is before the Court on Magistrate Judge Edwin G. Torres’s
Report and Recommendation (DE 49) on Plaintiff's Motion for Choice of Law
Determination (DE 30) and Defendant's Motion to Dismiss (DE 29). Neither Party filed
objections to the Report.
Upon an independent review of the Report, the record, and applicable case law,
it is ORDERED AND ADJUDGED as follows:
1. The Report (DE 49) is AFFIRMED AND ADOPTED.
2. Plaintiff’s Motion for Choice of Law Determination (DE 30) is DENIED. Florida
substantive law shall apply to this case.
3. Defendant’s Motion to Dismiss (DE 29) is GRANTED. The Complaint is
DISMISSED WITHOUT PREJUDICE. Plaintiff shall file an amended
complaint within 14 days of the date of this Order.

Case 1:20-cv-22768-KMW Document 50 Entered on FLSD Docket 01/08/2021 Page 2 of 2

DONE AND ORDERED in Chambers in Miami, Florida, this 8th day of January, 2021.

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