Landmark American Insurance Company v. Soutex Surveyors, Inc. et al

Filing 44

ORDER adopting 42 Report and Recommendation and accepting the parties' joint agreed stipulation of dismissal with prejudice. Third party defendant General Insurance Company of America is dismissed and 27 Motion for Summary Judgment is denied as moot. Signed by Judge Ron Clark on 10/4/10. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION LANDMARK AMERICAN INSURANCE COMPANY V. SOUTEX SURVEYORS, INC., ET AL. § § § § § §

NO. 1:09-CV-696

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The court referred this matter to the Honorable Earl S. Hines, United States magistrate judge for pretrial proceedings pursuant to an Order of Reference entered on May 26, 2010. The court has received and considered the report of the United States magistrate judge, who recommends that the court grant accept the third party plaintiff and third party defendant's stipulation of dismissal, deny third party General Insurance Company of America's pending motion for summary judgment as moot, and enter partial judgment with prejudice with regard to the third party defendant General Insurance Company of America. No objections to the report were filed by the parties. The magistrate judge's report (doc. #42) is hereby ADOPTED. It is ORDERED that the joint agreed stipulation of dismissal with prejudice (doc. #40) is ACCEPTED, third party defendant General Insurance Company of America is DISMISSED, and the pending motion for summary judgment (doc. #27) filed by General Insurance Company of America is DENIED as MOOT.
So ORDERED and SIGNED this 4 day of October, 2010.

___________________________________ Ron Clark, United States District Judge