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

Filing 73

ORDER that Defendants' Motion to Continue Trial 71 is GRANTED, and thus, trial of the instant case is continued generally. Further, the parties are ORDERED to file their joint stipulation of dismissal by Friday, November 30, 2012. Signed by Honorable Judge Mark E. Fuller on 10/30/2012. (jg, ) TERMINATED: Non-Jury Trial 11/05/2012

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) (WO – Do Not Publish)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
Before the Court is the Construction Company Defendants’1 Motion to Continue Trial.
(Doc. #71.) On October 29, 2012, at 3:15 p.m., the Court held a telephonic hearing with all
parties to the instant declaratory judgment action and the underlying state-court action2 in
attendance. The attorneys representing the parties were: (1) James Alfred Kee, Jr., for
Employers Mutual Casualty Company (“EMC”) in the instant action; (2) Gary Lee Willford,
Jr., for the Construction Company Defendants in the instant action; (3) Stephen Talmadge
Etheredge, Sr., for David Alford and Caroline Alford in the underlying action; and (4)
Steadman S. Shealy, Jr., for the Construction Company Defendants in the underlying action.

1

The phrase “Construction Company Defendants” collectively refers to the following
parties: (1) Carl Hobbs Construction Company, Inc.; (2) Carl Hobbs, both individually and
doing business as Hobbs & Trawick; and (3) Donald Trawick, both individually and doing
business as Hobbs & Trawick.
2

The underlying action is pending in the Circuit Court of Houston County,
Alabama, and is captioned David Alford, et al., No. 09-cv-229-M. The Court will simply
refer to it as the underlying action.

EMC has informed the Court that it does not oppose the Construction Company
Defendants’ Motion to Continue Trial. As well, all parties to the instant action and the
underlying action have represented to the Court that the underlying action has been settled.
EMC has further represented to the Court that it will not seek reimbursement for any defense
or indemnification costs of the underlying action.
In reliance on these representations and in consideration of the entire record, the
Construction Company Defendants’ Motion to Continue Trial (Doc. #71) is GRANTED, and
thus, trial of the instant case is continued generally.
Further, the parties are ORDERED to file their joint stipulation of dismissal by
Friday, November 30, 2012.
DONE this the 30th day of October, 2012.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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