ROCKY TOP AT MISSION HILLS LLC v. TRAVELERS INDEMNITY COMPANY OF AMERICA

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATION - The Magistrate Judge submitted his Report and Recommendation [Dkt. 48 ] on Defendant's Motion to Dismiss Count II [Dkt. 27 ]. The parties were afforded due opportunity pursuant to statute and the r ules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Report and Recommendation. Accordingly, Defendant's Motion to Dismiss Count II is GRANTED and Count II of Plaintiff's Complaint [Dkt. 1-1] is DISMISSED WITHOUT PREJUDICE. Signed by Judge Tanya Walton Pratt on 12/6/2016.(JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

ROCKY TOP AT MISSION HILLS LLC,
Plaintiff,
vs.
TRAVELERS INDEMNITY COMPANY OF
AMERICA,

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No. 1:16-cv-01924-TWP-MJD

Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation [Dkt. 48] on
Defendant’s Motion to Dismiss Count II [Dkt. 27]. The parties were afforded due opportunity
pursuant to statute and the rules of this Court to file objections; none were filed. The Court,
having considered the Magistrate Judge’s Report and Recommendation, hereby adopts the
Report and Recommendation. Accordingly, Defendant’s Motion to Dismiss Count II is
GRANTED and Count II of Plaintiff’s Complaint [Dkt. 1-1] is DISMISSED WITHOUT
PREJUDICE.

Date: 12/6/2016

Distribution:
Matthew S. Ponzi
FORAN GLENNON PALANDECH & PONZI, PC
[e-mail]
Matthew P. Fortin
FORAN GLENNON PALANDECH PONZI & RUDLOFF PC
[e-mail]
Michael Eugene Simmons
HUME SMITH GEDDES GREEN & SIMMONS
[e-mail]
William David Beyers
HUME SMITH GEDDES GREEN & SIMMONS
[e-mail]
Eric C. McNamar
LEWIS WAGNER LLP
[e-mail]
John Carl Trimble
LEWIS WAGNER LLP
[e-mail]
David E. Miller
SAEED & LITTLE
[e-mail]