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15-111 - Columbia Mutual Insurance Company v. Cedar Rock Lodge, LLC


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15-111 - Columbia Mutual Insurance Company v. Cedar Rock Lodge, LLC
February 3, 2016
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th PREJUDCIE for failure to state a claim on which relief can be granted. 3) Cedar Rock's Texas Deceptive Trade Practices Act claims be DISMISSED with PREJUDICE for failure to state a claim on which relief can be granted; and 4) Columbia's motion to dismiss Cedar Rock's breach of good faith and fail dealing claim be DENIED for the reasons stated herein. (Ordered by Magistrate Judge E. Scott Frost on 2/3/2016) (jgf)Report and Recommendation re: 1 Complaint filed by Columbia Mutual Insurance Company. The Court RECOMMENDS that 1) Columbia first motion to dismiss (Doc 10) be DENIED as MOOT. In reference to Columbia's second motion to dismiss (Doc 20), the Court RECOMMENDS that; 2) Columbia motion to dismiss Cedar Rock's breach of contract claim be DENIED for the reason stated in the Court's January 25, 2016 Order (Doc 27); 3) Cedar Rock's Texas Insurance Code Claims be DISMISSED wi
March 17, 2016
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Order Accepting Report and Recommendations, The Court Grants in part and Denies in part Plaintiff's 20 Motion to Dismiss for Failure to State a Claim filed by Columbia Mutual Insurance Company; finds as moot 10 MOTION to Dismiss filed by Columbia Mutual Insurance Company. Defendant's other counterclaims survive this motion to dismiss. This action remains referred to the Magistrate Judge. (Ordered by Chief Judge Jorge A Solis on 3/17/2016) (jgf)