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07-594 - Nashville Palm Restaurant, L.L.C. et al v. Walsh


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07-594 - Nashville Palm Restaurant, L.L.C. et al v. Walsh
September 19, 2008
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REPORT AND RECOMMENDATION: Magistrate Judge Bryant recommends that Discovers cross-motion for summary judgment 32 be GRANTED IN PART and DENIED IN PART. Specifically, it is recommended that the cross-motion be granted with respect to the proposed declaration that Walsh's personal injury claim is barred by the applicable Tennessee statute of limitations; and that the cross-motion be denied with respect to the proposed declaration that Walsh lacks standing to pursue a claim for unfair and deceptive claim settlement practices under Tennessee law. Signed by Magistrate Judge John S. Bryant on 9/19/08. (cc: deft Walsh by reg. and cert. mail)(dt)
December 22, 2008
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MEMORANDUM AND ORDER: For the reasons expressed herein, the plaintiffs' Objection is SUSTAINED. The Report and Recommendation is ACCEPTED to the extent that it recommends that plaintiff Discover Property & Casualty Insurance Company's Cross-Motion For Summary Judgment 32 be granted as to the plaintiffs' personal injury claim. The Report and Recommendation is REJECTED as to its recommendation that Discover's Cross-Motion For Summary Judgment be denied as to Ms. Walshs bad faith claim. It is hereby ORDERED that Discover's Cross-Motion For Summary Judgment 32 is GRANTED, and the defendant's claims for personal injury and bad faith against plaintiff Discover are DISMISSED WITH PREJUDICE. This case is returned to the Magistrate Judge for further handling under the original referral Order. Signed by District Judge Aleta A. Trauger on 12/22/08. (cc: deft by reg. & cert. mail) (dt)