Branch-Roper v. Safeco Insurance Company of America

Filing 20

ORDER by District Judge Ronald A. White affirming and adopting 19 Report and Recommendation and denying 16 Plaintiff's Motion to Dismiss the counterclaim. (tls, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA LORA BRANCH-ROPER, Plaintiff/Counter-Defendant, v. Case No. CIV-23-280-RAW-DES SAFECO INSURANCE COMPANY OF AMERICA, Defendant/Counter-Plaintiff. ORDER Before the court are the motion to dismiss counterclaim filed by the Plaintiff [Docket Nos. 16 and 17], the response thereto [Docket No. 18], and Magistrate Judge Snow’s Report and Recommendation, recommending that the motion be denied [Docket No. 19]. No objection to the Report and Recommendation has been filed. After a de novo review, the court determines that the Report and Recommendation is well-supported by the evidence and the prevailing legal authority. As the Magistrate Judge found, the counterclaim for declaratory relief is not duplicative or redundant. The Report and Recommendation [Docket No. 19] is hereby affirmed and adopted as this court’s Findings and Order. Plaintiff’s motion to dismiss the counterclaim [Docket No. 16] is hereby denied. IT IS SO ORDERED this 8th day of July, 2024. ______________________________________ THE HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF OKLAHOMA

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