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14-245 - MARYLAND CASUALTY COMPANY v. PREFERRED FIRE PROTECTION, INC.


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14-245 - MARYLAND CASUALTY COMPANY v. PREFERRED FIRE PROTECTION, INC.
July 17, 2014
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REPORT AND RECOMMENDATION re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO F.R.C.P.(B)(6) filed by PREFERRED FIRE PROTECTION, INC. It is respectfully recommended that Defendants partial motion to dismiss be granted in part and denied in part. It is specifically recommended that Defendants motion to dismiss be granted in part as to Plaintiffs negligence claim and that claim be dismissed with prejudice and that Defendants motion to dismiss be denied in all other respects. Objections to R&R due by 8/1/2014. Signed by Magistrate Judge Robert C. Mitchell on 7/17/2014. (ajt)
August 25, 2014
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MEMORANDUM ORDER granting in part and denying in part defendant's 6 Motion to Dismiss. Defendant's motion is granted as to plaintiff's negligence claim and that claim is dismissed with prejudice. The motion is denied in all other respects. Further order that 17 Report and Recommendation of Magistrate Judge Mitchell is adopted as the opinion of the Court. Signed by Judge David S. Cercone on 8/22/14. (njt)
January 28, 2016
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be granted and Defendants motion 44 be denied. Objections to R&R due by 2/11/2016. Any party opposing written objections shall have fourteen days after the service of such objections to respond thereto. Signed by Magistrate Judge Robert C. Mitchell on 1/28/16. (kld)REPORT AND RECOMMENDATION re 44 MOTION for Summary Judgment filed by PREFERRED FIRE PROTECTION, INC., 40 MOTION for Partial Summary Judgment filed by MARYLAND CASUALTY COMPANY. It is respectfully recommended that Plaintiffs motion 40
March 3, 2016
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ORDER granting plaintiff's 40 Motion for Partial Summary Judgment. Defendant's tort-based affirmative defenses numbered 13 and 14 are dismissed. Further denying defendant's 44 Motion for Summary Judgment and adopting 55 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. Signed by Judge David S. Cercone on 3/2/16. (njt)