-ESH Hubert v. Allstate Insurance Company, No. 1:2011cv00094 - Document 11 (E.D. Tex. 2011)

Court Description: ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS. A Partial final judgment dismissing all of plaintiff's state law based extra-contractual claimsunder the Texas Insurance Code will be entered separately. The action will however, remain pending with regard to plaintiffs breach of contract claim. Signed by Judge Marcia A. Crone on 5/6/11. (pkb, )

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-ESH Hubert v. Allstate Insurance Company Doc. 11 UNITED STATES DISTRICT COURT SHANNA HUBERT, Plaintiff, versus ALLSTATE INSURANCE COMPANY, Defendant. EASTERN DISTRICT OF TEXAS § § § § § § § § § § CIVIL ACTION NO. 1:11-CV-94 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, for pretrial proceedings pursuant to Order of Reference entered on February 23, 2011. The court has received and considered the report of the United States magistrate judge, who recommends that the court enter judgment with prejudice as to all of plaintiff’s state law based extra-contractual claims for fraud, breach of the duty of good faith and fair dealing and knowledge under the Texas Insurance Code pursuant to the plaintiff’s stipulation of voluntary partial dismissal. The magistrate judge’s report is hereby ADOPTED. Partial final judgment dismissing all of plaintiff’s state law based extra-contractual claims under the Texas Insurance Code will be entered separately. The action will, however, remain pending with regard to plaintiff’s breach of contract claim. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 6th day of May, 2011. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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