Highpoint Risk Services LLC v. Companion Property & Casualty Insurance Co

Filing 29

Order Accepting 24 Findings, Conclusions, and Recommendation of the United States Magistrate Judge: Accordingly, the court denies Defendant's 5 Motion to Dismiss, and grants Defendant's 6 Motion for an Order Requiring Joinder of Party Plaintiff. Accordingly, Plaintiff has to file an amended complaint by 9/25/2015, and add Aspen as a plaintiff to this action. (Ordered by Judge Sam A Lindsay on 9/11/2015) (twd)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HIGHPOINT RISK SERVICES, LLC, Plaintiff, v. COMPANION PROPERTY & CASUALTY INSURANCE COMPANY., Defendant. § § § § § § § § § Civil Action No. 3:14-CV-3398-L ORDER Before the court is Defendant Companion Property & Casualty Insurance Company’s (“Defendant”) Motion to Dismiss and Brief in Support (Doc. 5), filed September 26, 2014 and Defendant’s Motion for Order Requiring Joinder of Party Plaintiff, and Brief in Support (Doc. 6), filed October 16, 2014. The motions were referred to Magistrate Judge Irma Ramirez on January 1, 2015. The magistrate judge entered Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”) on August 24, 2015, recommending that Defendant’s Motion to Dismiss be denied, and Defendant’s Motion for an Order Requiring Joinder of a Party be granted. No objections to the report were filed. After careful consideration of the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions are correct, and accepts them as those of the court. Accordingly, the court denies Defendant’s Motion to Dismiss, and grants Defendant’s Motion for an Order Requiring Joinder of Party Plaintiff. Accordingly, Plaintiff has to file an amended complaint by September 25, 2015, and add Aspen as a plaintiff to this action. Order - Page 1 It is so ordered this 11th day of September, 2015. _________________________________ Sam A. Lindsay United States District Judge Order - Page 2

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