Montesi v. Nationwide Mutual Insurance Company

Filing 38

ORDER ADOPTING DE 37 REPORT AND RECOMMENDATIONS Granting in Part and Denying in Part DE 13 Defendant's Motion to Dismiss signed by Judge John T. Fowlkes, Jr. on 8/26/13. (Fowlkes, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

RITA MONTESI,

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Plaintiff,
v.
NATIONWIDE MUTUAL
INSURANCE COMPANY,
Defendant.

Case No. 2:12-cv-02399-JTF-tmp

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
GRANTING IN PART AND DENYING IN PART
DEFENDANT’S MOTION TO DISMISS
Before
Plaintiff’s

the

Court

Claim

is

for

the

Defendant’s

Violations

of

the

Motion

to

Tennessee

Dismiss
Consumer

Protection Act, Bad Faith Penalties, and Punitive and Treble
Damages filed on November 27, 2012. (DE #13).
response

in

opposition

on

December

12,

Plaintiff filed a
2012.

(DE

#17).

Defendant filed a reply in support of its motion to dismiss on
December 26, 2012. (DE #18). The motion was referred to the
Magistrate Judge for a report and recommendation. On August 8,
2013, the Magistrate Judge entered his report, recommending that
Defendant’s Motion to Dismiss be granted in part and denied in
part. (DE #37).

No objections have been filed by the Plaintiff.

After reviewing the entire record including the Magistrate
Judge’s

Report,

Defendant’s

Motion
1

to

Dismiss,

Plaintiff’s

Response to the Motion to Dismiss, and Defendant’s Reply in
Support of the Motion, the Court hereby ADOPTS the Magistrate
Judge’s Report and Recommendation.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss
is GRANTED IN PART and DENIED IN PART. Defendant’s Motion to
Dismiss Plaintiff’s statutory bad faith and fraud-based claims
are GRANTED.

However, Defendant’s Motion to Dismiss Plaintiff’s

claims pursuant to the Tennessee Consumer Protection Act (TCPA)
and for punitive damages are DENIED.
IT IS SO ORDERED this 26th day of August, 2013.
BY THIS COURT:
s/John T. Fowlkes, Jr.
JOHN T. FOWLKES, JR.
UNITED STATES DISTRICT JUDGE

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