The Way International et al v. Executive Risk Indemnity Inc. et al, No. 3:2007cv00294 - Document 93 (S.D. Ohio 2009)
Court Description: DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON DECEMBER 16,2008 88 ; GRANTING THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS BALDWIN & WHITNEY INSURANCE AGENCY, INC., ACCORDIA OF OHIO, LLC, ACCORDIA, INC., AND WELLS FARGO INSURANCE SERVICES OF OHIO, LLC 12 AND DISMISSING WITH PREJUDICE PLAINTIFFS' CLAIMS AGAINST SAID DEFENDANTS IN THEIR ENTIRETY AND DIRECTING THE CLERK OF COURT TO ENTER JUDGMENT IN FAVOR OF SAID DEFENDANTS AND AGAINST PLAINTIFFS; AND DENYING AS MOOT DEFENDANT WELLS FARGO INSURANCE SERVICES OF OHIO, LLC'S MOTION FOR CLARIFICATION 71 . Signed by Walter H Rice on 1/7/2009. (davisj1, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON THE WAY INTERNATIONAL, et aI., Plaintiffs, Case No. 3:07cv00294 vs. District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington EXECUTIVE RISK INDEMNITY, INC., et aI., Defendants. DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON DECEMBER 16,2008 (Doc. #88); GRANTING THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS BALDWIN & WHITNEY INSURANCE AGENCY, INC., ACCORDIA OF OHIO, LLC, ACCORDIA, INC., AND WELLS FARGO INSURANCE SERVICES OF OHIO, LLC (Doc. #12) AND DISMISSING WITH PREJUDICE PLAINTIFFS' CLAIMS AGAINST SAID DEFENDANTS IN THEIR ENTIRETY AND DIRECTING THE CLERK OF COUR TO ENTER JUDGMENT IN FAVOR OF SAID DEFENDANTS AND AGAINST PLAINTIFFS; AND DENYING AS MOOT DEFENDANT WELLS FARGO INSURANCE SERVICES OF OHIO, LLC'S MOTION FOR CLARIFICATION (Doc. #71) The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #88), to whom this case was originally referred pursuant to 28 U.S.C. ยง636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. neb) has expired, hereby ADOPTS in full said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on DeceMber 16, 2008 (Doc. #88) is ADOPTED in full; 2. The Motion for Summary Judgment of Defendants Baldwin & Whitney Insurance Agency, Inc., Accordia of Ohio, LLC, Accordia, Inc., and Wells Fargo Insurance Services of Ohio, LLC (Doc. #12) is GRANTED and Plaintiffs' claims against said Defendants are DISMISSED with prejudice in their entirety, and the Clerk of Court is DIRECTED to Enter Judgment in favor of said Defendants and against Plaintiffs; and 3. Defendant Wells Fargo Insurance Services of Ohio, LLC's Motion for Clarification (Doc. #71) is DENIED as moot. Walter Herbert Rice United States District Judge 2
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