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Insurance | Florida Northern
Order Adopting Report and Recommendation Order on Motion for Settlement Order on Motion for Sanctions Order on Report and Recommendation Order on Motion for Attorney Fees
ORDER. The Magistrate Judge's Report and Recommendation, ECF No. 50 , is adopted, modified, and incorporated by reference as stated in this order, and the objections, ECF No. 51 , 52 , are OVERRULED. Plaintiffs "Motion to Enforce Settlement Agreement and For Entry of Judgment for Plaintiff," ECF No. 32 , is GRANTED in part to the extent that Defendant is directed to pay the amount due under the settlement agreement (exclusive of any pending Assignment of Benefits claims) within twenty (20) days after receiving the fully executed release, proof of the current mortgagee(s) on the subject property, and an executed W-9 form from Plaintiff's counsel, as expressly provided in the parties' agreement, and DENIED in part to the extent that Plaintiff has requested attorney's fees. Defendant's Motion for Sanctions, ECF No. 37 , is DENIED. The Clerk is directed to close the case. Signed by JUDGE M CASEY RODGERS on 07/06/23. (jfj)
Order
ORDER REMANDING CASE TO STATE COURT. Plaintiff's motion to remand (Doc. 9 ) is GRANTED, and this case is REMANDED to the Circuit Court for the First Judicial Circuit in and for Escambia County. Plaintiff's request for attorney's fees in the motion is DENIED. Consideration of Plaintiff's motion for extension of time (Doc. 11 ) is deferred to the state court. The Clerk shall mail a certified copy of this Order to the clerk for the First Judicial Circuit in and for Escambia County, 28 U.S.C. §1447(c), and close the case file. Signed by JUDGE T KENT WETHERELL II on 06/14/2023. (alb)
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