Opinion
21-81563-CIV-CANN/Reinhart
09-09-2022
ABBEY VILLAGE CONDOMINIUM ASSOCIATION, INC., Plaintiff, v. MT. HAWLEY INSURANCE COMPANY and GREENWICH INSURANCE COMPANY, Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS
AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Defendant Mt. Hawley Insurance Company's Motion for Judgment on the Pleadings (the “Motion”) [ECF No. 26], filed on February 24, 2022. On February 28, 2022, the Court referred the Motion to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation [ECF No. 27]. On March 4, 2022, Defendant Greenwich Insurance Company filed a notice joining the Motion [ECF No. 28]. On August 16, 2022, Judge Reinhart issued a Report recommending that the Motion be granted in part and denied in part [ECF No. 57]. Objections to the Report were due on August 30, 2022 [ECF No. 57 p. 18]. On August 22, 2022, Defendant, Greenwich Insurance Company filed a Notice of Non-Objection to the Report [ECF No. 58]. Defendant, Mt. Hawley Insurance Company also filed a Notice of Non-Objection on August 22, 2022 [ECF No. 59]. Plaintiff has not filed an objection to the Report, and the time to do so has expired [ECF No. 57 p. 18].
Upon review, the Court finds the Report to be well-reasoned and correct.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 57] is ACCEPTED.
2. Defendant's Motion for Judgment on the Pleadings is [ECF No. 29] is GRANTED IN PART AND DENIED IN PART as recommended.
a. Counts I, II, III, V, VI, and VII are DISMISSED.
b. The parties shall proceed as to Counts IV and VIII of the Complaint [ECF No. 1-2 pp. 6-18].
3. The stay of deadlines in this case [ECF No. 49] is LIFTED.
4. On or before September 16, 2022, the parties are directed to jointly confer and file a joint scheduling report, taking into account the Court's prior scheduling Order [ECF No. 19] and the overall procedural history of the case.
DONE AND ORDERED.