American Automobile Insurance Company v. 4449 Holdings et al

Filing 36

ORDER accepting 35 Memorandum and Recommendations; denying 26 Motion to Dismiss. Signed by District Judge Martin Reidinger on 10/18/12. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv332

AMERICAN AUTOMOBILE
INSURANCE COMPANY,
Plaintiff,
vs.
HOWARD JACOBS,
Defendant.

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ORDER

THIS MATTER is before the Court on the Defendant’s Motion to Dismiss
[Doc. 26] and the Magistrate Judge’s Memorandum and Recommendation
[Doc. 35] 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 Defendant’s Motion to Dismiss and to
submit a recommendation for its disposition.
On September 27, 2012, the Magistrate Judge filed a Memorandum and
Recommendation [Doc. 35] 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 Recommendation [Doc.
35], 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 Motion to Dismiss be denied.
IT IS, THEREFORE, ORDERED

that the

Magistrate

Judge’s

Memorandum and Recommendation [Doc. 35] is ACCEPTED, and Defendant
Howard Jacobs’s Motion to Dismiss [Doc. 26] is DENIED.
IT IS FURTHER ORDERED that the Defendant shall file an Answer to
the Plaintiff’s Complaint within fourteen (14) days of the entry of this Order.
IT IS SO ORDERED.
Signed: October 18, 2012

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