Colony Insurance Company v. Custom Ag Commodities, LLC et al

Filing 45

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 44 Report and Recommendations, DENYING 34 Motion for Summary Judgment, filed by Diversified Ingredients, Inc., DENYING 36 Motion for Summary Judgment, filed by Custom Ag Commodities, LLC, GRANTING 32 Motion for Summary Judgment filed by Colony Insurance Company. Signed by Judge Amos L. Mazzant, III on 7/10/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

COLONY INSURANCE COMPANY
v.
CUSTOM AG COMMODITIES, LLC,
DIVERSIFIED INGREDIENTS, INC.

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Civil Action No. 4:16-CV-83
(Judge Mazzant/Judge Nowak)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the reports of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On June 15, 2017, the report of the Magistrate Judge (Dkt. #44) was entered containing proposed
findings of fact and recommendations that Plaintiff Colony Insurance Company’s Motion for
Summary Judgment (Dkt. #32) be granted, and that Defendant Diversified Ingredients, Inc.’s
Cross Motion for Summary Judgment (Dkt. #34) and Defendant Custom Ag Commodities, LLC’s
Cross Motion for Summary Judgment (Dkt. #36) each be denied.
Having received the reports of the Magistrate Judge, and no objections thereto having been
timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendant Diversified Ingredients, Inc.’s Cross Motion
for Summary Judgment (Dkt. #34) and Defendant Custom Ag Commodities, LLC’s Cross Motion
for Summary Judgment (Dkt. #36) each are DENIED.

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It is further ORDERED that Plaintiff Colony Insurance Company’s Motion for Summary
Judgment (Dkt. #32) is GRANTED.
IT IS SO ORDERED.
SIGNED this 10th day of July, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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