Empire Fire & Marine Insurance Company v. Pandt-Brown et al

Filing 26

MEMORANDUM ORDER: The court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in 22 Report and Recommendations. Accordingly, the Court DENIES the Motion to Dismiss. Signed by Chief District Judge Rebecca Beach Smith on 4/12/2018. (jrin)

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FILED r MK 1 2 2018 UNITED CLERK,U.S. DISTRICT COURT STATES DISTRICT COURT NORFOLK. VA EASTERN DISTRICT OF VIRGINIA Norfolk Division EMPIRE FIRE & MZVRINE INSURANCE CO., Plaintiff, V. ACTION NO: 2:17cv426 GLENDA PANDT-BROWN and JACK GUEMPLE, Defendants. MEMORANDUM ORDER This matter {"Motion") is before Marine Insurance Company Motion (''Opposition") a court filed by the Defendant, December 8, 2017. ECF Nos. filed the on the Motion Jack Guemple to Dismiss ("Guemple"), on 11, 12. The Plaintiff Empire Fire and {''Empire") filed an Opposition to the on December 22, 2017. Reply in Opposition {"Reply") ECF No. 14. Guemple on January 5, 2018. ECF No. 18. Upon order of the court, a Sur-Reply was filed by Empire on February 1, 2018. On States ECF No. January 11, 2018, Magistrate Judge provisions of 28 U.S.C. Procedure 72(b), to 21. the Motion Robert J. ยง 636(b)(1)(B) conduct was Krask, referred to pursuant United to the and Federal Rule of Civil hearings, including evidentiary

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