Employers Mutual Casualty Company v. Carl Hobbs Construction Company, Inc. et al

Filing 63

ORDER that oral argument is set for 36 , 54 , 55 motions on October 12, 2012, at 9:00 A.M. in Courtroom 2A, United States Courthouse, Montgomery, Alabama; that the pretrial hearing currently set in this matter will immediately follow oral argument on the above motions. Signed by Honorable Judge Mark E. Fuller on 10/10/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
EMPLOYERS MUTUAL CASUALTY
COMPANY,
Plaintiff,
v.
CARL HOBBS CONSTRUCTION
COMPANY, INC., et al.,
Defendants.

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) CASE NO. 1:11-cv-00643-MEF
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) (WO – Do Not Publish)
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ORDER
In this declaratory judgment action, Employers Mutual Casualty Company (“EMC”)
seeks a declaration under its policies that it owes neither a duty to defend nor a duty to
indemnify relating to an underlying lawsuit against Carl Hobbs Construction Company, Inc.
(“Hobbs Construction”), its owner, Carl Hobbs, and its employee, Donald Trawick
(collectively “the Construction Company Defendants”). (Doc. #1.) This cause is presently
before the Court on (1) EMC’s Motion for Summary Judgment (Doc. #36), (2) the
Construction Company Defendants’ Motion for Partial Summary Judgment (Doc. #40), (3)
the Construction Company Defendants’ Motion to Amend Answer (Doc. # 54), and (4)
EMC’s Opposition to Defendants’ Motion to Amended (sic) Answer and Motion to Strike
(Doc. #55).
Having considered the foregoing motions, it is hereby ORDERED that oral argument
is set for these motions on October 12, 2012, at 9:00 A.M. in Courtroom 2A, United States
Courthouse, Montgomery, Alabama. It is further ORDERED that the pretrial hearing
currently set in this matter will immediately follow oral argument on the above motions.
DONE this the 10th day of October, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE