BREWART v. Travelers Casualty Insurance Company of America

Filing 46

ORDER Adopting Report and Recommendation; Denying Motion for Summary Judgment and Granting Motion to Amend Counterclaim. Doc. 37 and 45 . Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM BREWART,
Plaintiff/Counter-Defendant,
vs

Case No: 13-11657
Honorable Victoria A. Roberts

TRAVELERS CASUALTY INSURANCE
COMPANY OF AMERICA,
Defendant/Counter-Plaintiff.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
On August 10, 2015, Magistrate Judge Patti issued a Report and
Recommendation (“R&R”) recommending that the Court deny Defendant/CounterPlaintiff’s Motion for Summary Judgment and grant its Motion to Amend Counter-Claim.
No objections were filed to the R&R.
In accordance with 28 U.S.C. § 363(b)(1)(B), the Court conducted a de novo
review of the R&R. The Court agrees with Magistrate Judge Patti’s conclusion.
The court ADOPTS the R&R; Defendant/Counter-Plaintiff’s Motion for Summary
Judgment is DENIED and Motion to Amend Counterclaim is GRANTED.
This case will proceed to trial on Plaintiff’s Complaint for Breach of Contract and
Negligent Misrepresentation.
Traveler’s is allowed to Amend its Counterclaim to assert a claim for unjust
enrichment.
The Amended Counterclaim must be filed not later than October 2, 2015.

IT IS ORDERED.

/s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: September 21, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
September 21, 2015.
s/Linda Vertriest
Deputy Clerk