Kinsale Insurance Company v. Mata Chorwadi, Inc.

S.D. Florida

Kinsale Insurance Company v. Mata Chorwadi, Inc.

DecidedMarch 27, 2023

Docket9:22-cv-81446

StatusUnknown

This text of Kinsale Insurance Company v. Mata Chorwadi, Inc. (Kinsale Insurance Company v. Mata Chorwadi, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kinsale Insurance Company v. Mata Chorwadi, Inc., (S.D. Fla. 2023).

Pincite

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CASE NO. 22-81446-CIV-CANNON KINSALE INSURANCE COMPANY,

Plaintiff, v.

MATA CHORWADI, INC. and ANTHONY VARONE,

Defendants.

__________________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon Defendants’ Joint Motion to Dismiss [ECF No. 19], filed on November 28, 2022. On March 16, 2023, following referral [ECF No. 26], Magistrate Judge Reinhart issued a Report recommending that the Motion be granted in part and denied in part [ECF No. 27]. Specifically, Judge Reinhart recommends that the Motion be denied as to Counts I and II and granted as to Count III [ECF No. 27 p. 4]. Judge Reinhart further recommends that Plaintiff be given one final opportunity to replead Count III [ECF No. 27 p. 4]. Defendants and Plaintiff filed Notices of Non-Objection to the Report on March 21, 2023 [ECF Nos. 28, 29]. The Court has reviewed the Motion [ECF No. 19], the Report [ECF No. 27], the entire record, and is otherwise advised in the premises. Upon review, the Court finds the Report to be well-reasoned and correct. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 27] is ACCEPTED. CASE NO. 22-81446-CIV-CANNON/Reinhart

2. Defendants’ Motion to Dismiss [ECF No. 19] is GRANTED IN PART AND DENIED IN PART. a. Defendants’ Motion to Dismiss is DENIED as to Counts I and II and GRANTED as to Count III. 3. Plaintiff will have one final opportunity to file an Amended Complaint that is consistent with the Report [ECF No. 27], but any such Amended Complaint must be filed on or before April 7, 2023. Plaintiff is reminded that the filing of an Amended Complaint supersedes and replaces the original complaint. See Reynolds v. Behrman Cap. IV L.P., 988 F.3d 1314, 1319 (11th Cir.), cert. denied, 142 S. Ct. 239 (2021). DONE AND ORDERED in Chambers at Fort Pierce, Florida this 24th day of March 2023.

UNITED STATES DISTRICT JUDGE ce: counsel of record

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CASE NO. 22-81446-CIV-CANNON KINSALE INSURANCE COMPANY,

Plaintiff, v.

MATA CHORWADI, INC. and ANTHONY VARONE,

Defendants.

__________________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon Defendants’ Joint Motion to Dismiss [ECF No. 19], filed on November 28, 2022. On March 16, 2023, following referral [ECF No. 26], Magistrate Judge Reinhart issued a Report recommending that the Motion be granted in part and denied in part [ECF No. 27]. Specifically, Judge Reinhart recommends that the Motion be denied as to Counts I and II and granted as to Count III [ECF No. 27 p. 4]. Judge Reinhart further recommends that Plaintiff be given one final opportunity to replead Count III [ECF No. 27 p. 4]. Defendants and Plaintiff filed Notices of Non-Objection to the Report on March 21, 2023 [ECF Nos. 28, 29]. The Court has reviewed the Motion [ECF No. 19], the Report [ECF No. 27], the entire record, and is otherwise advised in the premises. Upon review, the Court finds the Report to be well-reasoned and correct. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 27] is ACCEPTED. CASE NO. 22-81446-CIV-CANNON/Reinhart

2. Defendants’ Motion to Dismiss [ECF No. 19] is GRANTED IN PART AND DENIED IN PART. a. Defendants’ Motion to Dismiss is DENIED as to Counts I and II and GRANTED as to Count III. 3. Plaintiff will have one final opportunity to file an Amended Complaint that is consistent with the Report [ECF No. 27], but any such Amended Complaint must be filed on or before April 7, 2023. Plaintiff is reminded that the filing of an Amended Complaint supersedes and replaces the original complaint. See Reynolds v. Behrman Cap. IV L.P., 988 F.3d 1314, 1319 (11th Cir.), cert. denied, 142 S. Ct. 239 (2021). DONE AND ORDERED in Chambers at Fort Pierce, Florida this 24th day of March 2023.

UNITED STATES DISTRICT JUDGE ce: counsel of record

Cite This Page — Counsel Stack

Bluebook (online)

Kinsale Insurance Company v. Mata Chorwadi, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinsale-insurance-company-v-mata-chorwadi-inc-flsd-2023.

Opinion

Related

Cite This Page — Counsel Stack