Patt v. Selective Insurance Company of the Southeast et al
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|Date Filed||#||Document Text|
|September 9, 2013
ORDER re 53 REPORT AND RECOMMENDATIONS re 39 MOTION to Dismiss For Failure to State a Claim filed by Martin Perret Quality Plus Inc. Considering the foregoing, this Court has question as to whether the plaintiff sufficiently states a fail ure to procure claim under the facts of this case. Given that the magistrate judge heard argument on this point at oral argument, and given his familiarity with the arguments contained in the parties' briefs on the motion to dismiss, this matter is REMANDED to the magistrate judge to reconsider his recommendations to this Court in light of the argument raised by Quality Plus in Section II(A) of its Objection [Doc. 56]. Signed by Judge Rebecca F Doherty on 9/9/13. (crt,Kennedy, T)
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