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16-082 - Canal Insurance Company v. INA Trucking, LLC et al (MAG2)


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16-082 - Canal Insurance Company v. INA Trucking, LLC et al (MAG2)
March 10, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge RECOMMENDS as follows: (1) the 19 motion to dismiss M.B.P.'s counterclaim filed by Canal is due to be GRANTED, and the counterclaim asserted by M.B.P. should be DISMISSED WITHOUT PREJUDICE; (2) M.B.P.'s 33 Rule 12(b)(1) motion to dismiss Canal's duty to indemnify claim is due to be GRANTED, and Canal's duty to indemnify claim is due to be DISMISSED WITHOUT PREJUDICE; (3) M.B.P.'s 33 Rule 12(b)(6) motion to dismiss or, alternatively, to stay is due to be DENIED AS MOOT; (4) the 28 motion to dismiss brought by dft Davis is due to be DENIED; and (5) plf's 40 motion to stay the resolution of its duty to indemnify claim is due to be DENIED; Objections to R&R due by 3/24/2017. Signed by Honorable Judge Susan Russ Walker on 3/10/2017. (wcl, )
March 27, 2017
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OPINION AND ORDER: it is ORDERED as follows: (1) The 41 recommendation of the magistrate judge, to which no objection has been filed, is adopted; (2) The 19 motion to dismiss is granted as to the counterclaim asserted by dft M.B.P., and said counterclaim is dismissed without prejudice; (3) The 33 motion to dismiss is granted, and the indemnity claim asserted by plf Canal Insurance Company is dismissed without prejudice; (4) The 33 motion to dismiss and alternative motion to stay are in all remaining respects denied as moot; (5) The 28 motion to dismiss is denied; (6) The 40 motion to stay is denied; further ORDERED that this cause is referred back to the magistrate judge for the appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 3/27/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
February 9, 2018
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JUDGMENT: Pursuant to the 55 joint stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with the parties to bear their own costs; The 54 motion to stay is denied as moot; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/9/2018. (Furnished: Calendar, AG) (Terminated: PTC for 09/13/2018 & Jury Trial for 10/15/2018) (Attachments: # (1) Civil Appeals Checklist) (alm, )