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IVERS v. CMFG LIFE INSURANCE COMPANY, 15-cv-1577 (WMW/BRT). (2016)

Court: District Court, D. Minnesota Number: infdco20161003d06 Visitors: 12
Filed: Sep. 30, 2016
Latest Update: Sep. 30, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION WILHELMINA M. WRIGHT , District Judge . This matter is before the Court on the August 12, 2016 Report and Recommendation of United States Magistrate Judge Becky R. Thorson. (Dkt. 79.) No objections to the Report and Recommendation have been filed in the time period permitted. Based on the Report and Recommendation and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The August 12, 2016 Report and Recommendation, (Dkt. 79),
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the August 12, 2016 Report and Recommendation of United States Magistrate Judge Becky R. Thorson. (Dkt. 79.) No objections to the Report and Recommendation have been filed in the time period permitted.

Based on the Report and Recommendation and all the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The August 12, 2016 Report and Recommendation, (Dkt. 79), is ADOPTED.

2. Plaintiff's construed motion for summary judgment, (Dkts. 57, 59), is DENIED.

3. Defendant's motion for summary judgment, (Dkt. 60), is DENIED as to Plaintiff's claim for breach of contract and Defendant's claim for rescission.

4. Defendant's motion for summary judgment, (Dkt. 60), is GRANTED as to Plaintiff's claims for promissory estoppel, equitable estoppel and unjust enrichment, and those claims are DISMISSED WITH PREJUDICE.

5. Plaintiff is admonished to refrain from engaging in harassing, vulgar or unprofessional conduct or communication with Defendant or its counsel as described in page 20, footnote four of the August 12, 2016 Report and Recommendation.

Source:  Leagle

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