Kinseth Hotel Corporation v. American Guarantee and Liability Insurance Company

Filing 19

REPORT AND RECOMMENDATION that Defendants motion to dismiss 9 be DENIED as moot. Objections to R&R due by 10/19/2021. Signed by Magistrate Judge Karen L. Litkovitz on 10/5/2021. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
KINSETH HOTEL
CORPORATION,
Plaintiff,

Case No. 1:21-cv-400
Dlott, J.
Litkovitz, M.J.

v.
AMERICAN GUARANTEE AND
LIABILITY INSURANCE COMPANY, et al.,
Defendants.

REPORT AND
RECOMMENDATION

This matter is before the Court on defendant American Guarantee and Liability Insurance
Company’s motion to dismiss. (Doc. 9). On October 4, 2021, plaintiff filed an amended
complaint pursuant to the Court’s September 27, 2021 Order. (Docs. 15, 18). In light of
plaintiff’s amended complaint, defendant’s motion to dismiss, which is directed at the original
complaint, should be DENIED as moot.
IT IS THEREFORE RECOMMENDED THAT:
1. Defendant’s motion to dismiss (Doc. 9) be DENIED as moot.

10/5/2021
Date:____________

_________________________
Karen L. Litkovitz
Chief United States Magistrate Judge

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
KINSETH HOTEL
CORPORATION,
Plaintiff,

Case No. 1:21-cv-400
Dlott, J.
Litkovitz, M.J.

v.
AMERICAN GUARANTEE AND
LIABILITY INSURANCE COMPANY, et al.,
Defendants.
NOTICE
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of
the recommended disposition, a party may serve and file specific written objections to the
proposed findings and recommendations. This period may be extended further by the Court on
timely motion for an extension. Such objections shall specify the portions of the Report objected
to and shall be accompanied by a memorandum of law in support of the objections. If the Report
and Recommendation is based in whole or in part upon matters occurring on the record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party’s objections
WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).