NEW COMMUNITY CORPORATION v. ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. et al

Filing 88

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Mag. Judge Joseph A. Dickson; granting third party deft's (51) Motion for summary judgment. Signed by Judge Dennis M. Cavanaugh on 9/30/2011. (nr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________
:
NEW COMMUNITY CORPORATION,
:
:
Hon. Dennis M. Cavanaugh
Plaintiff,
:
:
ORDER
v.
:
:
Civil Action No. 10-3208 (DMC)(JAD)
ARTHUR J. GALLAGHER RISK :
MANAGEMENT SERVICES, INC., AON :
RISK SERVICES NORTHEAST, INC., :
AMERICAN HOME ASSURANCE :
COMPANY and AMERICAN :
ASSURANCE COMPANY,
:
:
Defendants.
:
_________________________________
:
AON RISK SERVICES, NORTHEAST,
:
INC.
:
:
Defendant/Third-Party Plaintiff,
:
v.
:
:
OLYMPIC AGENCY, INC.
:
:
Third-Party Defendant.
:

DENNIS M. CAVANAUGH, U.S. District Judge
This matter comes before the Court on a Report and Recommendation filed by
Magistrate Judge Joseph A. Dickson on September 9, 2011 (ECF No. 82), recommending that
this Court grant Third-Party Defendant Olympic Agency, Inc.’s (“Olympic”) Motion for
Summary Judgment (ECF No. 51). The parties were given notice that pursuant to Local Civil
Rule 72.1, they had fourteen days from receipt of the Report and Recommendation to file and
serve any objections. Third-Party Plaintiff AON Risk Services, Northeast, Inc. (“AON”) filed a

letter on September 23, 2011 objecting to Judge Dickson’s Report and Recommendation (ECF
No. 85). Olympic filed a letter in response on September 27, 2011 (ECF No. 86).
The Court has reviewed the Report and Recommendation de novo and concurs in Judge
Dickson’s opinion. AON’s objection improperly attempts to assert new arguments not previously
raised before Judge Dickson. These arguments are waived. AON’s other objections are ineffective
and wholly unsupported by the record.

Therefore, this Court will adopt the Report and

Recommendation as the Opinion of the Court.
IT IS on this

30th day of September 2011,

ORDERED that the Report and Recommendation of Magistrate Judge Joseph A. Dickson
(ECF No. 82) is hereby adopted as the Opinion of the Court;
AND IT IS FURTHER ORDERED Third-Party Defendant’s Motion for Summary
Judgment (ECF No. 51) is granted.

S/ Dennis M. Cavanaugh
Dennis M. Cavanaugh, U.S.D.J.
Original:
cc:

Clerk
All Counsel of Record
Hon. J. A. Dickson, U.S.M.J.
File