New England Insurance Co v. Barnett

Filing 55

JUDGMENT After an independent review of the record, noting the absence of any objections, this Court concludes that the 53 Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Acco rdingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that plaintiff's unopposed 48 Motion for partial dismissal filed by New England Insurance Co and Barentt's voluntary 52 Motion to Dismiss are GRANTED, and that Barnett's counterclaim against New England for damages as a result of an alleged defamatory statement made in New England's motion for declaratory judgment is DISMISSED with prejudice. Signed by Judge Rebecca F Doherty on 06/15/09. (crt,Guidry, C)

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RECEIVED JUN 1 52009 ~ TONy R MOORE. CLERK UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA WESTERN LAFAYETTE-OPELOUSAS DIVISION NEW ENGLAND INSURANCE COMPANY CIVIL ACTION NO. 06-0555 TmCTOFWWSJANA VS. RICHARD D. BARNETT JUDGE DOHERTY MAGISTRATE JUDGE METH YIN JUDGMENT This matter was referred to United States Magistrate Judge Mildred E. Methvin for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that plaintiffs unopposed motion for partial dismissal (Rec. 48) and Barnett's voluntary motion to dismiss (Rec. 52) are GRANTED, and that Barnetts counterclaim against New England for damages as a result of an alleged defamatory statement made in New England's motion for declaratory judgment is DISMISSED with prejudice+ Lafayette, Louh 2009. STATES DISTRICT JUDGE

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