Willsey v. Shelter Mutual Insurance Company
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
CIVIL NO. 12-2320
SHELTER MUTUAL INSURANCE COMPANY
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
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
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
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
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.
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
Page 2 of
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
Page 3 of
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?