Canal Insurance Company v. INA Trucking, LLC et al (MAG2), No. 1:2016cv00082 - Document 42 (M.D. Ala. 2017)

Court Description: OPINION AND ORDER: it is ORDERED as follows: (1) The 41 recommendation of the magistrate judge, to which no objection has been filed, is adopted; (2) The 19 motion to dismiss is granted as to the counterclaim asserted by dft M.B.P., and said coun terclaim is dismissed without prejudice; (3) The 33 motion to dismiss is granted, and the indemnity claim asserted by plf Canal Insurance Company is dismissed without prejudice; (4) The 33 motion to dismiss and alternative motion to stay are in a ll remaining respects denied as moot; (5) The 28 motion to dismiss is denied; (6) The 40 motion to stay is denied; further ORDERED that this cause is referred back to the magistrate judge for the appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 3/27/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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Canal Insurance Company v. INA Trucking, LLC et al (MAG2) Doc. 42 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION CANAL INSURANCE COMPANY, Plaintiff, v. INA TRUCKING, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:16cv82-MHT (WO) OPINION AND ORDER After an independent and de novo review of the record, it is ORDERED as follows: (1) The recommendation of the magistrate judge (doc. no. 41), to which no objection has been filed, is adopted. (2) The motion to dismiss (doc. no. 19) is granted as to the counterclaim asserted by defendant M.B.P., and said counterclaim is dismissed without prejudice. (3) The motion to dismiss (doc. no. 33) is granted, and the indemnity claim asserted by plaintiff Dockets.Justia.com Canal Insurance Company is dismissed without prejudice. (4) The motion to dismiss and alternative motion to stay (doc. no. 33) are in all remaining respects denied as moot. (5) The motion to dismiss (doc. no. 28) is denied. (6) The motion to stay (doc. no. 40) is denied. It is further ORDERED that this cause is referred back to the magistrate judge for the appropriate proceedings. DONE, this the 27th day of March, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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