McCord v. Prudential Insurance Company of America et al

Filing 73

MEMORANDUM ORDER adopting 70 Report and Recommendation and granting 28 Motion for Judgment on the Pleadings. Pltf's claims against defts Russell S Cravey and Texas Medical Association Insurance Trust are dismissed with prejudice. Pltf's claims against deft Prudential Insurance Company of America remain pending. Signed by Judge Ron Clark on 7/27/11. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MICHAEL D. MCCORD, M.D.,
Plaintiff,
v.
PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
TEXAS MEDICAL ASSOCIATION
INSURANCE TRUST, and
RUSSELL S. CRAVEY, M.D.,
CHAIRMAN OF THE BOARD OF
TRUSTEES OF THE TEXAS MEDICAL
ASSOCIATION INSURANCE TRUST,
Defendants.

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CIVIL ACTION NO. 1:10-CV-413

MEMORANDUM ORDER ADOPTING REPORT AND OF PARTIAL DISMISSAL
Pending before the Court is the defendant, Russell S. Cravey, M.D., Chairman of the Board
of Trustees for the Texas Medical Association Insurance Trust’s Motion for Judgment on the
Pleadings [doc. #28]. The Court referred this matter to United States Magistrate Judge Keith F.
Giblin for consideration and recommended disposition of case-dispositive pretrial motions. On July
1, 2011, Judge Giblin issued his report and recommendation in which he recommended that the
Court grant the motion for judgment on the pleadings.
The parties have not filed objections to the magistrate judge’s report. The Court has received
and considered the report of the United States Magistrate Judge, along with the record and pleadings.
After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted.
Based upon the magistrate judge’s findings of fact and recommended disposition, the Court
ORDERS that the report and recommendation on the motion for judgment on the pleadings [doc.
#70] is ADOPTED. The Court further ORDERS that defendant Russell S. Cravey M.D., Chairman

of the Board of Trustees for the Texas Medical Association Insurance Trust’s Motion for Judgment
on the Pleadings [doc. #28] is GRANTED. The plaintiff’s claims asserted against defendants
Russell S. Cravey, M.D., and the Texas Medical Association Insurance Trust are DISMISSED in
their entirety, with prejudice. The Clerk of Court is directed to TERMINATE those parties as
defendants on the docket. The plaintiff’s claims against defendant Prudential Insurance Company
of America remain pending.

So ORDERED and SIGNED this 27 day of July, 2011.

___________________________________
Ron Clark, United States District Judge

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