Kelly v. Alfa Mutual Insurance et al (MAG+), No. 2:2024cv00701 - Document 34 (M.D. Ala. 2025)

Court Description: OPINION AND ORDER: it is ORDERED that: (1) The United States Magistrate Judge's recommendation (Doc. 28 ) is adopted. (2) The motion to dismiss or, in the alternative, for summary judgment (Doc. 10 ) is granted to the extent that the compla int is to be dismissed as a shotgun pleading. (3) The complaint is dismissed without prejudice as a shotgun pleading as to all defendants. (4) Plaintiff's motion for default judgment or, in the alternative, for summary judgment (Doc. 13 ) is de nied. This case is not closed, and is referred back to the United States Magistrate Judge for further appropriate proceedings, including consideration of the additional motions filed after entry of the recommendation. Signed by Honorable Judge Myron H. Thompson on 4/7/2025. (CWL)

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Kelly v. Alfa Mutual Insurance et al (MAG+) Doc. 34 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ANNETTE B. KELLY, ) ) Plaintiff, ) ) v. ) ) ALFA MUTUAL INSURANCE, DBA ) Alfa Mutual Insurance ) Company, et al., ) ) Defendants. ) CIVIL ACTION NO. 2:24cv701-MHT (WO) OPINION AND ORDER Plaintiff filed this case against six different defendants alleging a variety of claims, ranging from environmental and toxic torts, to breach of fiduciary duty, to unjust enrichment from human trafficking, to financial extortion of elderly and disabled persons. Plaintiff has succeeded in properly serving only three of the defendants. This case is now before the court on the recommendation of the United States Magistrate Judge (1) that the served defendants’ motion to dismiss or, in the alternative, for summary judgment (Doc. 10) Dockets.Justia.com be granted and the complaint dismissed because it is a shotgun pleading; (2) as to the three defendants who have not been properly served, that the complaint be dismissed sua sponte on shotgun-pleading grounds, see Recommendation plaintiff’s alternative, summarily (Doc. motion for for at 7, default summary denied. recommendation. 28) n.3; judgment judgment There are and no (3) or, (Doc. objections that in the 13) be to the Upon an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. Accordingly, it is ORDERED that: (1) The United States Magistrate Judge's recommendation (Doc. 28) is adopted. (2) The motion to dismiss or, in the alternative, for summary judgment (Doc. 10) is granted to the extent that the complaint is to be dismissed as a shotgun pleading. 2 (3) The complaint is dismissed without prejudice as a shotgun pleading as to all defendants. (4) Plaintiff’s motion for default judgment or, in the alternative, for summary judgment (Doc. 13) is denied. This case is not closed, and is referred back to the United States Magistrate Judge for further appropriate proceedings, including consideration of the additional motions filed after entry of the recommendation. DONE, this the 7th day of April, 2025. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 3

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