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Kean, Miller, Hawthorne, D'Armond McCowan & Jarman, L.L.P. v. Nat'l Fire Ins. Co.

United States District Court for the Middle District of Louisiana

August 2, 2007, Decided; August 2, 2007, Filed

CIVIL ACTION NO. 06-770-C-M2

Opinion

NOTICE

Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court.

In accordance with 28 U.S.C. § 636(b)(1), you have 10 days from the date of service of this Notice to file written objections to the proposed findings of fact and conclusions of law set forth in the Magistrate Judge's Report. The failure of a party to file written objections to the proposed findings, conclusions, and recommendation contained in a Magistrate Judge's Report and Recommendation within 10 days after being served with a copy of the Report shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge that have been accepted by the  [*2] District Court.

ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.

Signed in chambers in Baton Rouge, Louisiana, August 2, 2007.

MAGISTRATE JUDGE CHRISTINE NOLAND

MAGISTRATE JUDGE'S REPORT

This matter is before the Court on the Motion for Partial Summary Judgment (R. Doc. 8) filed by plaintiff, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, L.L.P. ("Kean Miller"). Defendant, National Fire Insurance Company of Hartford ("National Fire"), has filed an opposition (R. Doc. 21) to Kean Miller's motion, a Cross-Motion for Summary Judgment (R. Doc. 18), and a Motion for Oral Argument (R. Doc. 24) relative to its motion and opposition. Kean Miller has also filed an opposition to National Fire's cross-motion.

FACTS & PROCEDURAL BACKGROUND

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2007 U . S . Dist. LEXIS 64849 *

KEAN, MILLER, HAWTHORNE, D'ARMOND MCCOWAN & JARMAN, L.L.P. VERSUS NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

Subsequent History: Adopted by, Summary judgment granted by, Summary judgment denied by, in part, Dismissed by Kean, Miller, Hawthorne, D'Armond McCowan & Jarman, LLP v. Nat'l Fire Ins. Co., 2007 U.S. Dist. LEXIS 64208 (M.D. La., Aug. 29, 2007)

CORE TERMS

civil authority, coverage, Hurricane, summary judgment, recommendations, premises, evacuation, closures, lifted, plant, insured premises, business loss, employees, streets, hotel, described premises, residents, cases, present case, advisories, prohibits, emergency, nonmoving, insured, suspend, trigger, travel, roads