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Fox v. State Farm Mutual Automobile Insurance Co.

United States District Court, D. Minnesota

March 5, 2015

DANIEL A. FOX, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant.

James M. Sherburne, Sherburne Law Offices, PA, Counsel for Plaintiff.

C. Todd Koebele and Brent D. Kettelkamp, Murnane Brandt, PA, Counsel for Defendant.

ORDER

MICHAEL J. DAVIS, Chief District Judge.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Tony N. Leung dated January 30, 3015. Plaintiff filed objections to the Report and Recommendation.

Pursuant to statute, the Court has conducted a de novo review upon the record. 28 U.S.C. ยง 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of United States Magistrate Judge Leung dated January 30, 2015.

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED:

1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Tony N. Leung dated January 30, 2015 [Docket No. 38].
2. Plaintiff Daniel A. Fox's Motion for Summary Judgment [Docket No. 18] is DENIED.
3. Defendant State Farm Mutual Automobile Insurance Company's Motion for Summary Judgment [Docket No. 26] is GRANTED and the Complaint is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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