The Ohio Casualty Insurance Company v. Cox et al

Filing 140

ORDER: (1) APPROVING & ADOPTING the 133 Report and Recommendations; (2) SUSTAINING pla's 120 121 Motions for Summary Judgment; (3) SUSTAINING 3rd-Pty Dfts' 122 Motion for Summary Judgment; (4) OVERRULING Dft Cox's 125 Motion to Dismiss; (5) pursuant to the court's 9/25/14 Order, Dft Barbara Cox pay to the 3rd-Pty Dfts the amt of $17,212.50 due immediately. Signed by Judge Henry R. Wilhoit, Jr on 9/22/15. (KJR)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTON
Civil Action No. 11-334-HRW
THE OHIO CASUALTY COMPANY,

PLAINTIFF,

v.
BARBARA COX, et at.,

DEFENDANTS,

v.
JERRY HENRY, et at.,

THIRD-PARTY DEFENDANTS.
ORDER

This matter is before the Court upon Plaintiff Ohio Casualty Company's Renewed
Motions for Partial Summary Judgment [Docket Nos.120 and 121], Third-Party Defendants'
Motion for Summary Judgment [Docket No. 122], Defendant Barbara Cox's Motion to Dismiss
[Docket No. 125] as well as the Affidavits in support of the fee requests of Plaintiff and ThirdParty Defendants [Docket Nos. 117 and 118]. The motions were referred to Magistrate Judge
Robert E. Wier.
Magistrate Judge Wier filed his Report and Recommendation [Docket No. 133] wherein
he recommends that Plaintiff Ohio Casualty Company's Renewed Motions for Pattial Summmy
Judgment and Third-Party Defendants' Motion for Summary Judgment be sustained and
Defendant Barbara Cox's Motion to Dismiss be overruled. With regard to sanctions, Magistrate
Judge Weir recommends that the Third-Party Defendant's be awarded $17,212.50.
Defendant Barbara Cox filed Objections to the Report and Recommendation. However,
her submission contains no factual or legal argument which would call into question Judge

Weir's findings. After carefully considering the record, the Court finds the report and
recommendation well taken and shall adopt the same as and for its own opinion,
Accordingly, IT IS HEREBY ORDERED:
(1) the Report and Recommendation [Docket No. 133] is hereby APPROVED and
ADOPTED as and for the Court's opinion;

(2) Plaintiff Ohio Casualty Company's Renewed Motions for Partial Summmy Judgment
[Docket Nos.120 and 121] be SUSTAINED;
(3) Third-Party Defendants' Motion for Summary Judgment [Docket No. 122] be
SUSTAINED;

(4) Defendant Barbara Cox's Motion to Dismiss [Docket No. 125] be OVERRULED;
and
(5) Pursuant to this Court's Order of September 25, 2014, Defendant Barbara Cox pay to
the Third-Pmiy Defendants the amount of$17,212.50, due immediately.
This 22"d day of September, 2015.