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13-1835 - State Farm Fire and Casualty Company v. Denmark et al


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13-1835 - State Farm Fire and Casualty Company v. Denmark et al
January 8, 2016
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Defendants for the claims asserted against them in Denmarks underlying personal injury action; Any objections are due within 14 days. Signed by Magistrate Judge Staci G Cornelius on 1/8/16. (MRR, )MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION- The undersigned RECOMMENDS: StateFarms motion for summary judgment (Doc. 29) be GRANTED with respect toDenmarks underlying personal injury action currently pending in state court and DENIED as MOOT with respect to the underlying wrongful death action that has been settled and dismissed; (2) Denmarks motion to compel (Doc. 36) be DENIED as MOOT; and (3) this Court issue an Order declaring State Farm has no duty to defend or indemnify the Wren
February 23, 2016
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MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 2/23/16. (SAC )
February 23, 2016
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ORDER In conformity with the Memorandum Opinion entered contemporaneously with this Order, the court OVERRULES all of Denmark's Objections and DENIES her motion to vacate portions of the magistrate judge's Report and Recommendation (doc. 47); ADOPTS the magistrate judge's findings and ACCEPTS her recommendations; GRANTS State Farm's motion for summary judgment regarding Defendant Carolyn Denmark's underlying personal injury action currently pending in state court and DENIES AS MOOT the motion regarding the underlying wrongful death action that has been settled and dismissed (doc. 29); DENIES AS MOOT Denmark's motion to compel (doc. 36); and Orders that State Farm has no duty to defend or indemnify the Wren Defendants for the claims asserted against them in Denmark's underlying personal injury action. Signed by Chief Judge Karon O Bowdre on 2/23/16. (SAC )