United National Insurance Company v. Horton Sales Development Corp. et al

Filing 21

ORDER adopting Memorandum and Recommendations re 20 Memorandum and Recommendations and denying 11 and 16 Motion to Dismiss. Signed by District Judge Martin Reidinger on 10/5/2011. (Pro se litigant served by US Mail.)(thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv28

UNITED NATIONAL INSURANCE
COMPANY,
Plaintiff,
vs.
HORTON SALES DEVELOPMENT
CORP., WILLIAM GREG HORTON,
CATHRYN J. STROHM HORTON,
and T. ALEXANDER BEARD,
Defendants.

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ORDER

THIS MATTER is before the Court on Defendant T. Alexander Beard’s
Motion to Dismiss [Docs. 11 and 16] and the Magistrate Judge’s
Memorandum and Recommendation [Doc. 20] regarding the disposition of
that motion.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable Dennis L. Howell, United States Magistrate
Judge, was designated to consider the motion to dismiss and to submit
recommendations for its disposition.

On September 15, 2011, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed conclusions of law in
support of a recommendation regarding the Defendant’s motion. The parties
were advised that any objections to the Magistrate Judge's Memorandum and
Recommendation were to be filed in writing within fourteen (14) days of
service. The period within which to file objections has expired, and no written
objections to the Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Memorandum and
Recommendation, the Court finds that the proposed conclusions of law are
consistent with current case law. Accordingly, the Court hereby ACCEPTS
the Magistrate Judge's Recommendation that the Defendant’s Motion to
Dismiss be denied.
IT IS, THEREFORE, ORDERED that Defendant’s T. Alexander Beard’s
Motion to Dismiss [Docs. 11 and 16] is DENIED.
IT IS SO ORDERED.
Signed: October 5, 2011

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