Pennsylvania National Mutual Casualty Insurance Company v. Snider et al

Filing 41

ORDER GRANTING 33 MOTION to Withdraw pending dispositive motion and to amend scheduling order, as further set out in order; DENYING plaintiff's previously filed 27 MOTION for Summary Judgment with leave to refile; further to the ext ent the Beale Defendants' 35 response in opposition to plf's motion for summary judgment seeks an order from the Court directing plf to continue providing them with a post-trial defense, it is likewise DENIED with leave to refile, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 11/2/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
PENNSYLVANIA NATIONAL MUTUAL
CASUALTY INSURANCE COMPANY,
Plaintiff,
v.
HOWARD SNIDER; PAM SNIDER;
JEFF BEALE HOMES and JEFF BEALE,
Defendants.

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CASE NO. 2:11-cv-215-MEF
(WO – Do Not Publish)

ORDER
Before the Court is Plaintiff Pennsylvania National Mutual Casualty Insurance
Company’s Motion to Withdraw Pending Dispositive Motion and to Amend Scheduling
Order (Doc. #33) filed on October 4, 2012. On October 12, 2012, Defendants Jeff Beale
Homes and Jeff Beale (the “Beale Defendants”) filed a Response Brief to Plaintiff’s Motion
for Summary Judgment (Doc. #35) in which they request that the Court order Plaintiff to
continue to provide them with a defense throughout post-trial motions and appeal.
Having considered the foregoing, it is hereby ORDERED that Plaintiff’s Motion to
Withdraw Pending Dispositive Motion and to Amend Scheduling Order (Doc. #33) is
GRANTED. A revised scheduling order continuing only the deadline to submit dispositive
motions to January 15, 2013 will be entered separately. Plaintiff’s previously filed Motion
for Summary Judgment (Doc. #27) is DENIED with leave to refile. Further, to the extent the
Beale Defendants’ Response in Opposition to Plaintiff’s Motion for Summary Judgment

(Doc. #35) seeks an order from the Court directing Plaintiff to continue providing them with
a post-trial defense, it is likewise DENIED with leave to refile. A new briefing schedule will
be entered upon the refiling of any dispositive motions.
DONE this the 2nd day of November, 2012.
/s/ Mark E. Fuller
United States District Court Judge