Allstate Insurance Company v. Canell et al

Filing 71

ORDER ADOPTING 70 REPORT AND RECOMMENDATIONS, STRIKING 58 MOTION for Contempt Order by Estate Defendant David L Canell, and GRANTING the Estate leave to refile its petition after Phase I of this action is completed. Signed by Senior Judge James T Moody on 8/31/2015. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ALLSTATE INSURANCE COMPANY,
Plaintiff / Counter-Defendant,
v.
DAVID L. CANELL, Deceased,
ESTATE OF DAVID L. CANELL,
Defendant / Counter-Plaintiff,
and
ANGELA CAMPOLI,
Defendant.

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No. 3:13 CV 1182

ORDER
On July 30, 2015, this court referred Estate’s motion for order of contempt (DE # 58)
to Magistrate Judge Christopher A. Nuechterlein. (DE # 67.) On August 5, 2015, Magistrate
Judge Nuechterlein issued an order recommending that this court strike the Estate’s motion
and grant the Estate leave to refile its petition after Phase I of this action is completed. (DE
# 70.) In his report, Magistrate Judge Nuechterlein informed the parties that any objections
to the report and recommended finding must be made within 14 days after being served
with a copy of the report. (Id. at 2.) That time has passed, and no objections have been filed.
Therefore, the court ACCEPTS and ADOPTS Magistrate Judge Nuechterlein’s
report and recommendation (DE # 70); STRIKES the Estate’s motion for order of contempt
(DE # 58); and GRANTS the Estate leave to refile its petition after Phase I of this action is
completed.
SO ORDERED.
Date: August 31, 2015
s/ James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT