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Addison v. Amica Mutual Insurance Co.

United States District Court, D. South Carolina, Orangeburg Division

August 29, 2019

Michael Addison, Plaintiff,
v.
Amica Mutual Insurance Company, Defendant.

          ORDER

         This action arises from an insurance contract dispute between Plaintiff Michael Addison, proceeding pro se, and Defendant Amica Mutual Insurance Company.[1] Plaintiff filed a claim in state court seeking a “court appointed umpire” to resolve an “insurance claim appraisal.” (ECF No. 1-1 at 1-2.) The matter before the court is a review of the Report and Recommendation (“Report”) issued by the Magistrate Judge on May 21, 2019. (ECF No. 49.)

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On October 19, 2018, Plaintiff filed a state court action requesting that “the court make an appointment of a neutral Umpire, so we may bring the Appraisers for both the Insurance Carrier, and the Claimant together for the purposes of attempting to resolve the claim as the amount has not been agreed upon at this time.” (ECF No. 1-1 at 1-2.)

         On November 21, 2018, Defendant filed a Notice of Removal removing the matter to this court from the Orangeburg County Court of Common Pleas[2] (ECF No. 1) and a Motion to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(1) (ECF No. 4).

         On December 26, 2018, Plaintiff filed numerous motions, including a Motion for Joinder, a Motion to Amend/Correct, a Motion for Sanctions, and a Motion to Remand. (ECF No. 21.)

         On January 24, 2019, Plaintiff filed a Motion for “Judicial Notice of Proof of Loss & Proof of Loss Amendment No. 1” and a “Notice of Default of Requirement to Respond to Proof of Loss.” (ECF No. 28.)

         On February 19, 2019, Plaintiff filed another round of motions: a Motion for Hearing, a Motion to Strike, a Motion to Dismiss, a Motion for a Protective Order, a Motion to Compel Discovery, and a second Motion for Joinder. (ECF No. 36.)

         On April 15, 2019, Defendant filed a Motion for Relief from Order to Mediate. (ECF No. 44.)

         On May 21, 2019, the Magistrate Judge issued a Report recommending that the court grant Defendant's Motion to Dismiss due to Plaintiff's failure to effect service of process and deem moot the following motions:

(1) Plaintiff's Motion to Amend/Correct (ECF No. 21) (“to the extent Plaintiff seeks to amend the case caption to read ‘Petitioner' and ‘Respondent'”);
(2) Plaintiff's Motion to Remand (ECF No. 21);
(3) Plaintiff's Motion for Sanctions (ECF No. 21);
(4) Plaintiff's Motion for Judicial Notice of Proof of Loss (ECF No. 28);
(5) Plaintiff's Motion for Hearing, Motion to Strike Defendant's Motion to Dismiss (ECF No. 4), Motion for Protective Order, Motion to Compel Discovery (ECF No. 36); and (6) Defendant's Motion for Relief from ...

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