Nationwide Mutual Insurance Company v. 1400 Hampton Blvd, LLC et al

Filing 53

ORDER that the court does hereby adopt and approve in full the findings and recommendations set forth in 49 Report and Recommendation of the United States Magistrate Judge filed December 2, 2010; Accordingly, the Association's Motion to Dismiss (Case No. 2:10cv310, ECF No. 18 ) is DENIED. Signed by District Judge Rebecca Beach Smith and filed on 12/30/10. (rlam)

-FBS Nationwide Mutual Insurance Company v. 1400 Hampton Blvd, LLC et al

Doc. 53

FiL
UNITED STATES DISTRICT COURT

EASTERN

DISTRICT

OF

VIRGINIA

DEC 3 0 2010
t US CITT.J'CI COlJPtT
1i . ..-.

Norfolk

Division

NATIONWIDE

MUTUAL

INSURANCE

COMPANY,

Plaintiff,
Case HAMPTON BLVD., LLC, et al., No. 2:10cv310

v.

1400

Defendants.

DOUGLAS

SHEPHERD,

et

al., Plaintiffs,
Case No. 2:10cv343

v.

NATIONWIDE MUTUAL

INSURANCE

COMPANY,

et

al.,

Defendants.
ORDER

This matter comes before
filed by defendant,

the court

on the Motion

to Dismiss,

1400 Hampton Boulevard Condominium Association

("Association"),
This matter was

(Case No.
referred 2010 of 28

2:10cv310,
to a United

ECF No.
States

18)

on July 29,

2010.
by

Magistrate ECF No. and 28),

Judge

order of August 23, to the provisions of Civil

(Case No. U.S.C. §

2:10cv310, S36(b)(1)(B) to conduct and

pursuant Federal

(C)

and

Rule

Procedure if

72(b),

hearings, to if submit

including to the and

evidentiary undersigned

hearings, proposed for the

necessary, of

findings

fact,

applicable,

recommendations

disposition of

the motion.

Dockets.Justia.com

The United States Magistrate Judge's Report and Recommendation was filed on December 2, 2010. The magistrate judge recommended

that the Association's Motion to Dismiss be denied.
By copy of the report and recommendation of the magistrate

judge,

the

parties thereto. judge's
has

were The

advised court and
The

of

their

right

to

file

written to the for

objections magistrate
filing same

has

received no

objections and the

report

recommendation,
does

time

expired.

court

hereby adopt

and approve

in and

full

the

findings

and

recommendations United States

set

forth

in

the

Report filed

Recommendation
2010.

of

the

Magistrate

Judge

December 2, (Case No.

Accordingly, ECF No.

the Association's Motion to Dismiss is DENIED.

2:10cv310,

18)

The Clerk shall forward a copy of this Order to all parties of
record. It is so ORDERED.

/S/ Rebecca Beach Smith Ui.ited States District Judge

Dated:

December

30,

2010