Robertson v. American Heritage Life Insurance Company

Full title: VIVIAN ROBERTSON v. AMERICAN HERITAGE LIFE INSURANCE COMPANY

Court: United States District Court, E.D. Texas, Marshall Division

Date published: May 31, 2006

Civil Action No. 2:06cv11 (E.D. Tex. May. 31, 2006)

Opinion

Civil Action No. 2:06cv11.

May 31, 2006

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

LEONARD DAVIS, District Judge

The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and a recommendation for the disposition of this action, has been presented for consideration. The Report and Recommendation recommends that Plaintiff's Motion for Partial Summary Judgment (document #10) be denied, that Defendant's Motion for Summary Judgment (document #15) be granted and that the case be dismissed with prejudice, subject to a post-judgment determination on the issue of attorneys' fees. Plaintiff filed written objections to the Report and Recommendation on May 26, 2006.

Having made a de novo review of the objections filed by Plaintiff, the Court finds that the findings, conclusions and recommendation of the Magistrate Judge are correct and the objections are without merit. Therefore, the findings and conclusions of the Magistrate Judge are hereby adopted as those of the Court.

In light of the foregoing, it is

ORDERED that Plaintiff's Motion for Partial Summary Judgment (document #10) is DENIED and Defendant's Motion for Summary Judgment (document #15) is GRANTED. It is accordingly

ORDERED that the above-styled lawsuit is hereby DISMISSED with prejudice, subject to a post-judgment determination on the issue of attorneys' fees.

All motions not previously ruled on are DENIED.

So ORDERED.