Jackson National Life Insurance Company v. Workman Securities Corporation

Filing 76

ORDER ADOPTING 73 Report and Recommendation; granting 38 Third-Party Defendant's Motion to Dismiss filed by Gayle Sanderson. Signed by Judge James M. Rosenbaum on 4/6/2010. (HLW)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jackson National Life Insurance Co., Plaintiff, v. Workman Securities Corp., Defendant and Third-Party Plaintiff, v. Gayle Sanderson, Third-Party Defendant, and Thomas M. Petracek, Intervenor. ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated March 19, 2010, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that Third-Party Defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) [#38] is GRANTED in its entirety and Count I of the Third-Party Complaint as it pertains to Gayle Sanderson is DISMISSED WITH PREJUDICE. DATED: April 6, 2010. at Minneapolis, Minnesota s/James M. Rosenbaum JUDGE JAMES M. ROSENBAUM United States District Court ORDER Civil No. 09-1024 (JMR/FLN)