Dargan v. Federated Life Insurance Company

United States District Court for the Southern District of Florida

Dargan v. Federated Life Insurance Company

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT PIERCE DIVISION

CASE NO. 22-14284-CIV-CANNON/McCabe JODI DARGAN,

Plaintiff, v.

FEDERATED LIFE INSURANCE COMPANY,

Defendant. _______________________________/ ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon Defendant Federated Life Insurance Company’s Motion to Dismiss Plaintiff’s Amended Complaint (the “Motion”) [ECF No. 4] and the Report and Recommendation on the Motion [ECF No. 18]. On September 28, 2022, following referral by this Court [ECF No. 7], Judge McCabe issued a Report recommending that Defendant’s Motion to Dismiss be denied [ECF No. 18 p. 10]. The Report gave the parties fourteen days to file objections [ECF No. 18 p. 10]. No objections have been filed by the deadline. The Court has conducted a de novo review of the Report and the record and is otherwise fully advised in the premises. See Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds the Report to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and concludes that the Motion [ECF No. 4] should be DENIED. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 18] is ACCEPTED. CASE NO. 22-14284-CIV-CANNON/McCabe 2. Defendant Federated Life Insurance Company’s Motion to Dismiss [ECF No. 4] is DENIED. DONE AND ORDERED in Chambers at Fort Pierce, Florida this 13th day of October 2022. M. CANNON UNITED STATES DISTRICT JUDGE ce: counsel of record

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