Metropolitan Life Insurance Company v. Bialik

Full title: METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. DIANA BIALIK, et al.…

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Feb 6, 2001

Civil Action No. 3-99-CV-2679-M (N.D. Tex. Feb. 6, 2001)

Opinion

Civil Action No. 3-99-CV-2679-M

February 6, 2001

ORDER

Barbara M.G., LYNN, U.S.D.J.

After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge dated January 16, 2001, the Court finds that the Findings and Conclusions of the Magistrate Judge are correct and they are adopted as the Findings and Conclusions of the Court with one modification. The Court will reserve judgment on whether Diana Bialik will be able to testify about conversations with James Bialik without violating TEX. R. EVID. 601(b).

IT IS, THEREFORE, ORDERED that the Findings and Conclusions of the United States Magistrate Judge are adopted, except as modified herein.

SO ORDERED

JUDGMENT

The Court has entered its Findings in the case, adopting the Findings and Conclusions of the Magistrate Judge. Therefore,

It is ORDERED, ADJUDGED and DECREED that Defendant Seppamaki's Motion for Summary Judgment is DENIED and Third-Party Defendant Seabury Smith's Motion to Dismiss Diana Bialik's claims for breach of the duty of good faith and fair dealing and negligence is GRANTED.

It is further ORDERED that the Clerk shall transmit a true copy of this Judgment, together with a true copy of the Order Adopting the Findings and Conclusions of the United States Magistrate Judge, to the parties.