Michigan Millers Mutual Insurance Company v. Fidelity and Deposit Company of Maryland et al

Filing 147

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 141 ; granting the joint motion of Plaintiff Michigan Millers Mutual Insurance Company and Defendant Fidelity and Deposit Company of Maryland 111 ; Count 3 of Plaintiff's complaint is dismissed with prejudice ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

M i c h i gan Millers Mutual Insurance Company v. Fidelity and Deposit Company of Maryland et al

Do c. 147

U N I T E D STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

M IC H IG A N MILLERS MUTUAL IN S U R A N C E COMPANY, Plaintiff, v. F ID E L IT Y AND DEPOSIT COMPANY OF MARYLAND, et al., Defendants. ____________________________________/ O R D E R APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION O n October 21, 2010, Magistrate Judge Joseph G. Scoville issued a Report and R e c o m m e n d a tio n ("R&R") (Dkt. No. 141) recommending that the joint motion of Plaintiff M ic h ig a n Millers Mutual Insurance Company and Defendant Fidelity and Deposit Company o f Maryland be granted and that Count 3 of Plaintiff's complaint be dismissed with prejudice. T h e R&R was duly served on the parties. No objections have been filed, and the deadline f o r doing so has expired. The Court has reviewed the matter and concludes that the R&R c o rre c tly analyzes the issues and makes a sound recommendation. Accordingly, I T IS HEREBY ORDERED that the Magistrate Judge's October 21, 2101, R&R ( D k t . No. 141) is APPROVED and ADOPTED as the opinion of the Court. C a se No. 1:09-CV-596 Honorable Robert Holmes Bell

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I T IS FURTHER ORDERED that the joint motion of Plaintiff Michigan Millers M u tu a l Insurance Company and Defendant Fidelity and Deposit Company of Maryland (Dkt. N o . 111) is GRANTED. I T IS FURTHER ORDERED that Count 3 of Plaintiff's complaint is DISMISSED w ith prejudice.

Dated: November 10, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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