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Jenkins v. Allstate Insurance Company

United States District Court, M.D. Florida, Ocala Division
Nov 11, 2008
Case No. 5:08-cv-285-Oc-10GRJ (M.D. Fla. Nov. 11, 2008)

Summary

holding that insurance bad faith claim cannot be removed until it becomes ripe

Summary of this case from Brown v. Safeco Ins. Co. of Ill.

Opinion

Case No. 5:08-cv-285-Oc-10GRJ.

November 11, 2008


ORDER


The United States Magistrate Judge has issued a report (Doc. 9) recommending that Plaintiff's Motion for Remand (Doc. 5) be granted. The Defendant has not filed any objections to the Magistrate Judge's report and recommendation, and the time for filing objections has elapsed. Accordingly, upon due consideration, it is ORDERED and ADJUDGED that the Magistrate Judge's Report and Recommendation (Doc. 8) is adopted, confirmed, and made a part hereof. The Plaintiff's Motion for Remand (Doc. 5) is GRANTED. The Clerk is DIRECTED to remand the case to the Circuit Court of the Fifth Judicial Circuit, in and for Marion County, Florida, terminate any pending motions, and close the file.

IT IS SO ORDERED.

DONE and ORDERED at Ocala, Florida.


Summaries of

Jenkins v. Allstate Insurance Company

United States District Court, M.D. Florida, Ocala Division
Nov 11, 2008
Case No. 5:08-cv-285-Oc-10GRJ (M.D. Fla. Nov. 11, 2008)

holding that insurance bad faith claim cannot be removed until it becomes ripe

Summary of this case from Brown v. Safeco Ins. Co. of Ill.

In Jenkins, the court held that removal of a bad faith claim is premature if it is removed before the entry of a final judgment in the underlying case.

Summary of this case from Rock v. State Farm Mut. Auto. Ins. Co.
Case details for

Jenkins v. Allstate Insurance Company

Case Details

Full title:DAVE LEE JENKINS, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant

Court:United States District Court, M.D. Florida, Ocala Division

Date published: Nov 11, 2008

Citations

Case No. 5:08-cv-285-Oc-10GRJ (M.D. Fla. Nov. 11, 2008)

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