Summary
denying insured's motion to dismiss concerning duty to indemnify because it would “bifurcate the case when only one determination may be needed.”
Summary of this case from Cincinnati Insurance v. Berkshire Refrigerated Warehousing, LLCOpinion
Case No. 08-CV-2205.
March 18, 2009
ORDER
A Report and Recommendation (#21) was filed by Magistrate Judge David G. Bernthal on February 25, 2009. On March 11, 2009, Defendants filed their Objection to Magistrate Judge's Report and Recommendation (#22) and Memorandum in Support of Objection (#23). Following this court's careful de novo review of Judge Bernthal's reasoning and Defendants' Objection, this court agrees with and accepts Judge Bernthal's Report and Recommendation (#21). This court concludes that granting Defendants' Motion to Dismiss all claims for declaratory relief concerning Plaintiff's obligation to indemnify or reimburse Defendants would effectively bifurcate this case when only one determination may be needed.
IT IS THEREFORE ORDERED THAT:
(1) Judge Bernthal's Report and Recommendation (#21) is accepted by this court.
(2) Defendants' Motion for Partial Dismissal of Counts I-III of First Amended Complaint for Declaratory Judgment (#15) is DENIED.
(3) This case is referred to Judge Bernthal for further proceedings.