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, )

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.

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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.
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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.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE