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)

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.

§ 636(b)(1)(B)
conduct

was
Krask,

referred

to

pursuant

United
to

the

and Federal Rule of Civil

hearings,

including

evidentiary