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)

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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 2

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