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06-160 - Mays v. Encompass Insurance Company of America

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06-160 - Mays v. Encompass Insurance Company of America
May 14, 2008
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REPORT AND RECOMMENDATIONS that the Plaintiff's Motion for Summary Judgment DE # 22, be DENIED; the Defendan's Motion for Summary Judgment DE # 20 be GRANTED as to the issue of liability, and this matter be dismissed. In the alternative, if the District Court rejects the undersigned's recommendations regarding liability, it is recommended that the Defendant's Motion for Summary Judgment on the issues of "regular use" and comparative fault both be DENIED. Objections to Report and Recommendation must be filed within 10 days from the date of service thereof or further appeal is waived. General objections or objections that require a judge's interpretation are insufficient to preserve the right to appeal. A party may file a response to another party's objections within 10 days after being served with a copy thereof. Objections to R&R due by 6/2/2008. Signed by Edward B Atkins on 5/14/08.(MSH)cc: COR
June 4, 2008
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ORDER: (1) Sections B and C of the Magistrate's Report and Recommendation DE 31 be APPROVED and ADOPTED as and for the opinion of the Court; (2) Plaintiff's objections to Section C of the Magistrate's R&R are SUSTAINED and that portion of the R&R will not be approved; (3) In conformity therewith, Dft's Motion for Summary Judgment DE 20 be SUSTAINED IN PART, and OVERRULED IN PART, as set forth in the body of this opinion. IT IS FURTHER ORDERED that a Pretrial Conference will be rescheduled upon further Orders of the Court.. Signed by Judge Henry R. Wilhoit, Jr on 6/4/08. (MSH)cc: COR