Parker v. State Auto Mutual Insurance Company

Filing 32

ORDER ADOPTING 21 Report and Recommendation denying Defendant's 11 Corrected Motion to Preclude Plaintiff's Claim for Attorney's Fees and Verified Plea in Abatement. Signed by District Judge Michael J. Truncale on 7/8/24. (ljw)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION KENNETH PARKER, Plaintiff, v. STATE AUTO MUTUAL INSURANCE COMPANY, Defendant. § § § § § § § § § CIVIL ACTION NO. 9:23-CV-00202 JUDGE MICHAEL J. TRUNCALE ORDER ADOPTING REPORT AND RECOMMENDATION On May 6, 2024, the Court referred Defendant State Auto Mutual Insurance Company (“State Auto”)’s Corrected Motion to Preclude Plaintiff’s Claim for Attorney’s Fees and Verified Plea in Abatement [Dkt. 11] to United States Magistrate Judge Zack Hawthorn for consideration and disposition. [Dkt. 18]. On June 14, 2024, Judge Hawthorn issued his Report and Recommendation, which recommends denying State Auto’s instant motion because Plaintiff Kenneth Parker’s pre-suit notice adequately stated the specific amount alleged to be owed by State Auto on the claim for damage to or loss of covered property. [Dkt. 21 at 5]. Neither party has filed objections to Judge Hawthorn’s Report and Recommendation, and the time for doing so has passed. It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation denying Defendant’s Corrected Motion to Preclude Plaintiff’s Claim for Attorney’s Fees and Verified Plea in Abatement [Dkt. 21] is ADOPTED. Accordingly, Defendant’s Motion to Preclude [Dkt. 11] is DENIED. SIGNED this 8th day of July, 2024. ____________________________ Michael J. Truncale United States District Judge

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