Hemingway et al v. First National Insurance Company of America

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Motion to Dismiss/General filed by First National Insurance Company of America, 22 Report and Recommendation, (Written Opinion). Signed by Judge John R. Tunheim on April 3, 2014. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
CLEONE HEMINGWAY AND RANDE
HEMINGWAY,

Civil No. 13-3379 (JRT/JJG)

Plaintiffs,
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
FIRST NATIONAL INSURANCE
COMPANY OF AMERICA,

Defendant.
________________________________________________________________________

Cameron D Davis, HOVERSTEN, JOHNSON, BECKMAN & HOVEY,
LLP, 807 West Oakland Avenue, Austin, MN 55912 for plaintiffs,
Daniel W Berglund, GROTEFELD HOFFMANN, 150 South Fifth Street,
Suite 3650, Minneapolis, MN 554022, for defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed
to the Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation are ADOPTED;

2.

Defendant First National Insurance Company of America’s Motion
to Dismiss (ECF No. 6) is DENIED AS MOOT. (if Plaintiffs timely
file an amended complaint)

or, in the alternative,

2.

Defendant First National Insurance Company of America’s Motion
to Dismiss (ECF No. 6) is GRANTED. (if Plaintiffs do not timely
file an amended complaint)

Dated: April 3, 2014

s/John R. Tunheim
JOHN R. TUNHEIM
United States District Judge