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New Community Corporation v. Arthur J. Gallagher Risk Management Services

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


September 30, 2011

NEW COMMUNITY CORPORATION, PLAINTIFF,
v.
ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., AON
RISK SERVICES NORTHEAST, INC., AMERICAN HOME ASSURANCE COMPANY AND AMERICAN ASSURANCE COMPANY, DEFENDANTS. AON RISK SERVICES, NORTHEAST, INC. DEFENDANT/THIRD-PARTY PLAINTIFF,
v.
OLYMPIC AGENCY, INC. THIRD-PARTY DEFENDANT.

The opinion of the court was delivered by: Dennis M. Cavanaugh, U.S. District Judge

Hon. Dennis M. Cavanaugh

ORDER

This matter comes before the Court on a Report and Recommendation filed by Magistrate Judge Joseph A. Dickson on September 9, 2011 (ECF No. 82), recommending that this Court grant Third-Party Defendant Olympic Agency, Inc.'s ("Olympic") Motion for Summary Judgment (ECF No. 51). The parties were given notice that pursuant to Local Civil Rule 72.1, they had fourteen days from receipt of the Report and Recommendation to file and serve any objections. Third-Party Plaintiff AON Risk Services, Northeast, Inc. ("AON") filed a letter on September 23, 2011 objecting to Judge Dickson's Report and Recommendation (ECF No. 85). Olympic filed a letter in response on September 27, 2011 (ECF No. 86).

The Court has reviewed the Report and Recommendation de novo and concurs in Judge Dickson's opinion. AON's objection improperly attempts to assert new arguments not previously raised before Judge Dickson. These arguments are waived. AON's other objections are ineffective and wholly unsupported by the record. Therefore, this Court will adopt the Report and Recommendation as the Opinion of the Court.

IT IS on this 30th day of September 2011, ORDERED that the Report and Recommendation of Magistrate Judge Joseph A. Dickson (ECF No. 82) is hereby adopted as the Opinion of the Court; AND IT IS FURTHER ORDERED Third-Party Defendant's Motion for Summary Judgment (ECF No. 51) is granted.

Dennis M. Cavanaugh, U.S.D.J.

Original: Clerk cc: All Counsel of Record

Hon. J. A. Dickson, U.S.M.J.

File

20110930

© 1992-2011 VersusLaw Inc.



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