Opinion
Case No. 3:12cv410/MCR/CJK
03-25-2013
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge filed on October 16, 2012 (doc. 13), pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court.
No timely objections have been filed.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 13) regarding the motion to dismiss (doc. 6) is adopted and incorporated by reference in this order.
2. Defendant's Motion to Dismiss (doc. 6) is GRANTED in part as to Counts II, III, IV, and IV of the Complaint, and DENIED in part as to Count I of the Complaint.
3. Defendant 21st Century Security Insurance Company has filed an answer (doc. 24). The case is hereby referred to the magistrate judge for further proceedings and entry of an initial scheduling order.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE