State Farm Mutual Automobile Insurance Company v. Universal Rehab Services, Inc. et al

Filing 206

ORDER Granting In Part And Denying In Part 123 Plaintiff's Motion to Dismiss Universal Defendants' Counterclaim; Adopting 200 Report and Recommendation and Extending Fact Discovery for Matters Related to the Surviving Counterclaims Until June 30, 2017. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,

Case No. 15-10993
Honorable Victoria A. Roberts

v.
UNIVERSAL REHAB
SERVICES, INC., et al.,
Defendants.
_____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION [Doc. 200];
GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO
DISMISS UNIVERSAL DEFENDANTS’ COUNTERCLAIMS [Doc. 123];
AND EXTENDING FACT DISCOVERY FOR MATTERS
RELATED TO THE SURVIVING COUNTERCLAIMS UNTIL JUNE 30, 2017
On March 30, 2017, Magistrate Judge Anthony P. Patti issued a Report and
Recommendation [Doc. 200] recommending that Plaintiff’s Motion to Dismiss [Doc. 123]
Universal Defendants’ Counterclaims [Doc. 116] be GRANTED IN PART and DENIED
IN PART, and that the Court extend fact discovery for three months for matters related
to the surviving counterclaims. Neither party filed objections within the fourteen day
period pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1).
Accordingly, the Court ADOPTS the Report and Recommendation, which is wellwritten, well-reasoned and well-supported by the cited authorities.
Plaintiff’s Motion to Dismiss Universal Defendants’ Counterclaims [Doc. 123] is
GRANTED IN PART and DENIED IN PART. The Court DISMISSES Universal
Defendants’ breach of settlement/release agreements, abuse of process and tortious

interference with contractual relations counterclaims. Their counterclaims for unpaid
PIP benefits and fraudulent misrepresentation survive dismissal, with the limitations
noted by Magistrate Judge Patti. The Court extends fact discovery for matters related
to the surviving counterclaims until June 30, 2017 – i.e., three months from the date of
Judge Patti’s R&R.
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: April 19, 2017
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
April 19, 2017.
s/Linda Vertriest
Deputy Clerk

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