Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance

Filing 251

ORDERED as follows: (1) The 230 Motion for Reconsideration is granted as to the bad-faith claim and denied in all other respects, as further set out; (2) The bad-faith claim, Count II of the 28 Amended Complaint, is dismissed; (3) The 230 Alter native Motion for Certification of the Denial of Summary Judgment for Appeal is denied; further ORDERED that the 234 Motion for Clarification is granted as follows: (1) By agreement of the parties, all issues as to third-party dfts Regions Bank, Fi rst Commercial Bank, and Industrial Development Board of the City of Brundidge are to be resolved non-jury after the jury trial; (2) Third party dfts Regions Bank, First Commercial Bank, and Industrial Development Board of the City of Brundidge are e xcused from participation in the jury trial; further ORDERED that the 249 Motion for Leave not to have Corporate Representatives at Trial, etc. is denied as moot; further ORDERED that the 246 Motion to Strike is denied; further ORDERED that third-party dfts Marlin Business Bank and Wells Fargo Equipment Finance, Inc. are dismissed and terminated as parties. Signed by Honorable Judge Myron H. Thompson on 7/27/2012. (furn: ag) (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CARTER BROTHERS
)
MANUFACTURING COMPANY, INC. )
)
Plaintiff,
)
)
v.
)
)
LUMBERMEN’S UNDERWRITING
)
ALLIANCE, an Inter)
insurance exchange company, )
)
Defendant and Third-. )
Party Plaintiff,
)
)
v.
)
)
REGIONS BANK, et al.,
)
)
Third-Party
)
Defendants.
)

CIVIL ACTION NO.
2:11cv251-MHT
(WO)

ORDER
Based on the representations made to the court in
an on-the-record conference call on July 27, 2012, it is
ORDERED as follows:
(1) The motion for reconsideration (Doc. No. 230) is
granted as to the bad-faith claim and denied in
all other respects.

During the conference call,

the court stated its reasons for its denial of
summary judgment as to all claims except the
bad-faith claim.
(2) The bad-faith claim, Count II of the amended
complaint (Doc. No. 28), is dismissed.
(3) The alternative motion for certification of the
denial of summary judgment for appeal (Doc. No.
230) is denied.
It

is

further

ORDERED

that

the

motion

for

clarification (Doc. No. 234) is granted as follows:
(1) By agreement of the parties, all issues as to
third-party
Commercial
Board

of

defendants
Bank,

the

and

City

of

Regions
Industrial
Brundidge

Bank,

First

Development
are

to

be

resolved non-jury after the jury trial.
(2) Third

party

Commercial

defendants
Bank,

and

Regions
Industrial

Bank,

First

Development

Board of the City of Brundidge are excused from
participation in the jury trial.

2

It is further ORDERED that the motion for leave not
to have corporate representatives at trial, etc. (Doc.
No. 249) is denied as moot.
It is further ORDERED that the motion to strike (Doc.
No. 246) is denied.
It is further ORDERED that third-party defendants
Marlin Business Bank and Wells Fargo Equipment Finance,
Inc. are dismissed and terminated as parties.
DONE, this the 27th day of July, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE