Metropolitan Casualty Insurance Company v. SFR Services L.L.C.

United States District Court for the Middle District of Florida

Metropolitan Casualty Insurance Company v. SFR Services L.L.C.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION METROPOLITAN CASUALTY INSURANCE COMPANY,

Petitioner,

v. Case No.:2:20-cv-202-FtM-66MRM

SFR SERVICES L.L.C.,

Respondent. / ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, GRANTING RESPONDENT’S MOTION TO APPOINT APPRAISAL UMPIRE, AND DENYING PETITIONER’S MOTION TO APPOINT APPRAISAL UMPIRE This matter is before the Court on consideration of the Report and Recommendation (Doc. 13), filed July 7, 2020, recommending that: Petitioner Metropolitan Casualty Insurance Company’s Motion to Appoint Appraisal Umpire (Doc. 8) be granted; and (2) Respondent SFR Services L.L.C.’s Motion to Appoint Appraisal Umpire (Doc. 10) be denied as moot. A district judge may accept, reject, or modify the magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1). In the absence of specific objections, a district judge is not required to review the magistrate judge’s factual findings de novo, but legal conclusions are reviewed de novo even in the absence of an objection. Jd; Cooper- Houston v. Southern Ry. Co.,

37 F.3d 608

, 604 (11th Cir. 1994); Garvey

v. Vaughn,

993 F.2d 776

, 779 n.9 (11th Cir. 1993). After an independent examination of the file, the Court accepts the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 13) is hereby ADOPTED and the findings incorporated herein. 2. Respondent’s Motion to Appoint Appraisal Umpire (Doc. 10) is GRANTED, and Petitioner’s Motion to Appoint Appraisal Umpire (Doc. 8) is DENIED as moot. 3. Anthony A. Proffitt is APPOINTED as the neutral appraisal umpire for and during the insurance appraisal process pursuant to the

terms of the insurance contract between the parties. 4. The Clerk of Court is directed to CLOSE THIS CASE. ORDERED in Fort Myers, Florida, on July 22nd, 2020.

TAT. Cable? JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE Copies: All Parties of Record

Reference

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