Summary
denying as moot defendant's motion to dismiss original complaint in face of filing of amended complaint
Summary of this case from Emery v. BurtchOpinion
Case No. 13-cv-13060
2013-09-26
ALLSTATE INSURANCE COMPANY, and ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiffs, v. PRESCRIPTION PARTNERS, LLC, Defendant.
Paul D. Borman
United States District Judge
David R. Grand
United States Magistrate Judge
ORDER ADOPTING MAGISTRATE JUDGE GRAND'S SEPTEMBER 5, 2013
REPORT AND RECOMMENDATION (ECF NO. 17) and
DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS (ECF NO. 10)
On September 5, 2013, Magistrate Judge David R. Grand issued a Report and Recommendation to Deny Defendant's Motion to Dismiss (ECF No. 10) as MOOT. (Report and Recommendation, ECF No. 17.) Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation DENIES AS MOOT Defendant's Motion to Dismiss (ECF No. 10). The dismissal is without prejudice to Defendant's ability to file an appropriate motion with regard to Plaintiffs' amended complaint. IT IS SO ORDERED.
___________________
Paul D. Borman
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on September 26, 2013.
Deborah Tofil
Case Manager