Caldwell v. Peerless Indemnity Insurance Company

Filing 16

ORDER accepting 15 Memorandum and Recommendations; granting 9 Defendant's Motion to Dismiss; and the Plaintiff's claims against the Defendant Peerless Indemnity Insurance Company are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Martin Reidinger on 12/23/2014. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00261-MR-DCK

CINDY CALDWELL,
)
Plaintiff,
)
)
vs.
)
)
)
PEERLESS INSURANCE COMPANY )
and PEERLESS INDEMNITY
)
INSURANCE COMPANY,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Defendant Peerless
Indemnity Insurance Company’s Motion to Dismiss [Doc. 9]; the parties’
Stipulation Regarding Correct Party Defendant [Doc. 14]; and the
Magistrate Judge’s Memorandum and Recommendation [Doc. 15]
regarding the disposition of the Motion to Dismiss.
In response to the Motion to Dismiss, the Plaintiff stipulates that
Peerless Indemnity Insurance Company should be dismissed without
prejudice from this action. [Doc. 14].
Accordingly, IT IS, THEREFORE, ORDERED that the Memorandum
and Recommendation [Doc. 15] is ACCEPTED; the Defendant’s Motion to

Dismiss [Doc. 9] is GRANTED; and the Plaintiff’s claims against the
Defendant Peerless Indemnity Insurance Company are DISMISSED
WITHOUT PREJUDICE.
IT IS SO ORDERED.

2