Schmid et al v. Lafayette Insurance Company et al

Filing 30

ORDER denying defendant Lafayette's motion for summary judgment 9 and Catlin Insurance Company is dismissed due to Plaintiffs failure to prosecute, and Catlin Insurance Company is terminated. Signed by Honorable P. K. Holmes, III on August 28, 2012. (sh)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION ROBERT and SONJA SCHMID, husband and wife; and SONROB HOSTS, LLC, an Arkansas Corporation d/b/a LOOKOUT LODGE v. PLAINTIFFS Case No. 3:11-CV-03094 LAFAYETTE INSURANCE COMPANY, A Louisiana Corporation; CATLIN INSURANCE COMPANY d/b/a UNITED FIRE GROUP DEFENDANTS ORDER Currently before the Court are Defendant Lafayette Insurance Company’s (“Lafayette”) Motion for Summary Judgment and Declaratory Judgment (Doc. 9) and Brief in Support (Doc. 10); Plaintiffs’ Response in Opposition, along with supporting documentation (Docs. 16-22); and Lafayette’s Reply (Doc. 24). In reviewing the parties’ submissions on the issue of summary judgment, the Court concludes that there exists a genuine issue of material fact as to whether Plaintiffs complied with the provisions of the insurance policy at issue, requiring Plaintiffs to “do [their] best to maintain heat in the building or structure” in order to recover damages caused by or resulting from freezing water. (Doc. 10, p. 6). Because this fact issue remains in contention, either summary judgment or a declaratory judgment on the merits is inappropriate. Therefore, Defendant Lafayette’s Motion for Summary Judgment and Declaratory Judgment (Doc. 9) is DENIED, and this case will proceed to jury trial commencing Tuesday, September 11, 2012. Plaintiff’s counsel stipulated in the telephonic pre-trial conference for this matter, held on August 27, 2012, that Defendant Catlin Insurance Company was not served with a copy of the Complaint and never entered an appearance in this case. Accordingly, the Court hereby DISMISSES Defendant Catlin Insurance Company, pursuant to Fed. R. Civ. P. 41(b), due to Plaintiffs’ failure to prosecute. IT IS SO ORDERED this 28th day of August, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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?