Medallion Transport & Logistics, LLC v. American International Group Inc. et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Motion to Dismiss, filed by AIG Claims, Inc., 25 Report and Recommendations. Signed by Judge Rodney Gilstrap on 8/29/2017. (nkl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEDALLION TRANSPORT & LOGISTICS, LLC, Plaintiff, v. AIG CLAIMS, INC., GRANITE STATE INSURANCE CO., and JAY CARMAN, Defendants. § § § § § § § § § § § NO. 2:16-CV-01016-JRG-RSP ORDER The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. § 636. Now before the Court is the Report and Recommendation (Dkt. No. 25) by Magistrate Judge Payne, which recommends that Defendant AIG Claims, Inc.’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) (Dkt. No. 17) be granted-in-part. . Defendant objected to the Report as it pertains to Count II of Plaintiff’s Complaint. (Dkt. No. 26). Having considered the Report and Recommendation and Defendant’s objections, IT IS ORDERED that Magistrate Judge Payne’s Report and Recommendation (Dkt. No. 25) is hereby ADOPTED and AIG Claims, Inc.’s objections (Dkt. No. 26) are OVERRULED. Defendant’s Motion (Dkt. No. 17) is therefore GRANTED as to Count I and Count III of Plaintiff’s Complaint, and DENIED as to Count II. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 29th day of August, 2017. ____________________________________ RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE

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