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Hemingway v. First National Insurance Co. of America

United States District Court, D. Minnesota

April 3, 2014

CLEONE HEMINGWAY AND RANDE HEMINGWAY, Plaintiffs,
v.
FIRST NATIONAL INSURANCE COMPANY OF AMERICA, Defendant.

Cameron D Davis, HOVERSTEN, JOHNSON, BECKMAN & HOVEY, LLP, Austin, MN, for plaintiffs,

Daniel W Berglund, GROTEFELD HOFFMANN, Minneapolis, MN, for defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN R. TUNHEIM, District Judge.

The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to the Report and Recommendation in the time period permitted.

Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein,

IT IS HEREBY ORDERED that:

1. The Report and Recommendation are ADOPTED;
2. Defendant First National Insurance Company of America's Motion to Dismiss (ECF No. 6) is DENIED AS MOOT. (if Plaintiffs timely file an amended complaint)
or, in the alternative,
2. Defendant First National Insurance Company of America's Motion to Dismiss (ECF No. 6) is GRANTED. (if Plaintiffs do not timely file an amended complaint)

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