November 4, 2013
NICOLE R. HORN, as Executrix of the Estate of Theresa Smith, Plaintiff,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 4th day of November, 2013, upon consideration of the report and recommendation (Doc. 31) of Chief Magistrate Judge Martin C. Carlson, recommending that plaintiff's motion for summary judgment (Doc. 11) be granted and defendant's motion for summary judgment (Doc. 16) be denied, and, after an independent review of the record, and the court observing that there are no material facts in dispute between the parties, and noting that defendant filed objections (Doc. 32) to the report on October 8, 2013, and the court finding Judge Carlson's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding defendant's objections to be without merit and squarely addressed by Judge Carlson's report,  it is hereby ORDERED that:
1. The report (Doc. 31) of Chief Magistrate Judge Carlson recommending the court grant plaintiff's motion (Doc. 11) for summary judgment and deny defendant's motion (Doc. 16) for summary judgment is ADOPTED in its entirety.
2. Plaintiff's motion (Doc. 11) for summary judgment is GRANTED and defendant's motion (Doc. 16) for summary judgment is DENIED.
3. Judgment is entered in favor of Nicole R. Horn, as the Executrix of the Estate of Theresa Smith, and against State Farm Mutual Automobile Insurance Company in the amount of $85, 000.
4. The Clerk of Court is DIRECTED to close this case.