Case Information
*1 Case 2:04-cv-00206-GZS Document 53 Filed 01/31/07 Page 1 of 2 PageID #: 517
UNITED STATES DISTRICT COURT DISTRICT OF MAINE NORTH AMERICAN SPECIALTY
INSURANCE COMPANY,
Plaintiff
v. Civil No. 04-206-P-C SEACOAST CRANE CO., INC., WILLIAM
J. BELANGER JR., LOUISE H.
BELANGER, BRUCE C. BELANGER and
KRISTEN E. BELANGER,
Defendants Gene Carter, Senior District Judge
ORDER ACCEPTING, AFFIRMING, AND ADOPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
After full de novo review, it is hereby ORDERED that: (1) The said Recommended Decision (Docket Item No. 50) of the Magistrate Judge be, and it is hereby, ACCEPTED , AFFIRMED , and ADOPTED as the judgment of this Court;
(2) The Plaintiff’s Motion for Summary Judgment be, and it is hereby, GRANTED ; (3) The Defendants’ Motion for Summary Judgment be, and it is hereby, GRANTED as to Defendant Seacoast Crane Co., Inc., and it is otherwise DENIED ; (4) That portion of Defendant Seacoast’s Summary Judgment Motion seeking summary judgment on the basis of collateral estoppel resulting from the March 22, 2006 order of the Maine Superior Court (York County) is hereby GRANTED , see Recommended Decision at 6-7; and
Case 2:04-cv-00206-GZS Document 53 Filed 01/31/07 Page 2 of 2 PageID #: 518
(5) Plaintiff shall show cause in writing to the Magistrate Judge within twenty (20) days of the date of this Order why Count II of the Complaint should not be dismissed as moot.
It is further ORDERED that Defendants’ objection No. 4, Defendants’ Objection to Recommended Decision at 2, treated as a request for Court review for reasonableness of Plaintiff’s request for attorney’s fees, is hereby DENIED as WAIVED by the failure to generate, brief or argue any issue concerning the reasonableness of said fees before the Magistrate Judge.
/s/ Gene Carter_______________ GENE CARTER Senior United States District Judge Dated this 31st day of January, 2007.
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