Willsey v. Shelter Mutual Insurance Company

Filing 97

ORDER denying 43 Motion for Partial Summary Judgment; striking 81 Motion for Judgment on the Pleadings; granting 88 Motion to Strike, finding as moot 88 Motion for Extension of Time to File Response/Reply ; finding as moot 88 Motion to Seal Document ; denying as moot and granting 91 Motion, as set forth. Signed by Honorable Robert T. Dawson on November 19, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CHARLES A. WILLSEY, Individually and
as the Special Administrator of the
Estate of CYNTHIA K. WILLSEY, Deceased
V.

PLAINTIFF

CIVIL NO. 12-2320

SHELTER MUTUAL INSURANCE COMPANY

DEFENDANT

ORDER
Currently before the Court are Defendant’s Motion for Partial
Summary Judgment and supporting documents (docs. 43-45), Plaintiff’s
Response (doc. 72), and Defendant’s Reply (doc. 78).

Also before the

Court are Defendant’s Second Motion for Partial Judgment on the
Pleadings and supporting brief (docs. 81-82) and Plaintiff’s Motion
to Strike Defendant’s Second Motion for Partial Judgment on the
Pleadings or, in the Alternative, Motion for Extension of Time to
File Substantive Response and to File Documents Under Seal and
supporting brief (docs. 88-89) and Defendant’s Response (doc. 96).
Finally, before the Court is Plaintiff’s Motion for Extension of Time
to File Supplemental Response to Defendant’s Motion for Partial
Summary Judgment and Motion for Extension of Time to Seek Attorneys’
Fees and Costs (doc. 91).
Having reviewed the pleadings and the evidence on file; viewing
the evidence in the light most favorable to the non-moving party as

AO72A
(Rev. 8/82)

required,

the

Court finds

that

there

remain

genuine

issues of

disputed material facts in connection with Plaintiff’s bad faith
claim, including, but not limited to whether Plaintiff’s allegations
regarding Defendant’s actions constitute affirmative misconduct and
bad faith.

Accordingly, Defendant’s Motion for Partial Summary

Judgment (doc. 43) is DENIED, and this matter remains set for a jury
trial during the week of December 9, 2013.

Plaintiff’s Motion for

Extension of Time to File Supplemental Response to Defendant’s Motion
for

Partial

Summary

Judgment

(doc.

91)

is

DENIED

AS

MOOT.

Plaintiff’s Motion for Extension of Time (doc. 91) to file his motion
for fees and costs in connection with the Court’s October 17, 2013,
discovery order is GRANTED, and Plaintiff has through November 22,
2013, to file his motion.
Plaintiff’s Motion to Strike Defendant’s Second Motion for
Partial

Judgment

on

the

Pleadings

(doc.

88)

is

GRANTED,

and

Defendant’s Motion for Partial Judgment on the Pleadings as to
Plaintiff’s claim pursuant to the Arkansas Deceptive Trade Practices
Act (“ADTPA”) (doc. 81) is STRICKEN.

Defendant did not file this

motion until October 22, 2013, six weeks prior to trial.

Further, on

September 30, 2013, the Court denied Defendant’s Motion to file
additional dispositive motions as the deadline had expired (doc. 66).
Finally, on August 16, 2013 (doc. 49), the Court found Plaintiff had
stated a claim pursuant to the ADTPA and denied Defendant’s motion
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for partial judgment on the pleadings on that claim.
IT IS SO ORDERED this 19th day of November 2013.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

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