Ameris Bank v. Lexington Insurance Company

Filing 83

ORDER dismissing as moot 44 Motion to Exclude Opinion Testimony of Plaintiff's Expert Witness Louis G. Fey, Jr.; dismissing as moot 62 Motion to Strike; dismissing as moot 74 Motion to Strike. Defendant's shall have thirty days from the date of this order to supplement their briefing with respect to Defendant Coastal's re 46 Motion for Summary Judgment. In the interim, the Court with Hold in Abeyance Defendant Coastal's motion until it has had the benefit of any supplemental briefing the parties may file. The Clerk of Court is directed to administratively terminate Defendant Coastal's Motion for Summary Judgment for statistical purposes. Signed by Judge William T. Moore.

IN THE UNITED STATES DISTRICT COURT FOR F!E
..' r:'
THE SOUTHERN DISTRICT OF GEORGIA U.. .
SAVANNAH DIVISION

CCURT

SEP30 015

AMERIS BANK, as assignee of
the Federal Deposit Insurance )
Corporation, receiver of
)
Darby Bank and Trust Co.,
)

CLERK
SQ.Lh

Plaintiff,
CASE NO. CV413-241

V.

LEXINGTON INSURANCE COMPANY,
Defendant and ThirdParty Plaintiff,
V

.

COASTAL BIOFUELS, INC.,
Third-Party Defendant.
ORDER

Before the Court are Defendant Lexington Insurance
Company's ("Lexington") Motion to Exclude Opinion Testimony of
Plaintiff's Expert Witness (Doc. 44), Motion to Strike
Supplemental Report of Plaintiff's Expert Witness (Doc. 62), and
Motion to Strike Sur-Reply of Pmeris Bank (Doc. 74), and
Defendant Coastal Biofuels, Inc.'s Motion for Summary Judgment
(Doc. 46). The Court recently disposed of Plaintiff Ameris
Bank's claims against Defendant Lexington. (Doc. 82.)
Accordingly, Defendant Lexington's motions (Doc. 44; Doc. 62;
Doc. 74) are DISMISSED AS MOOT.

With

respect

to

Defendant

Lexington's

third-party

complaint,' Defendant Coastal has filed a Motion for Summary
Judgment. (Doc. 46.) However, this motion was filed long before
the Court ruled on Plaintiff's claims against Defendant
Lexington. Because Lexington's liability has now been
established, the Court feels it prudent to permit Defendants
Coastal and Lexington to file any supplemental briefing
concerning Defendant Lexington's right to indemnity.
Accordingly, Defendants shall have thirty days from the
date of this order to supplement their briefing with respect to
Defendant Coastal's Motion for Summary Judgment. In the interim,
the Court will HOLD IN ABEYANCE Defendant Coastal's motion until
it has had the benefit of any supplemental briefing the parties
may file. The Clerk of Court is DIRECTED to administratively
terminate Defendant Coastal's Motion for Summary Judgment for
statistical purposes only.
30
SO ORDERED this
'day of September 2015.

WILLIAM T. MOORE, J
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
' While not entirely clear from its third-party complaint,
Defendant Lexington's claim against Defendant Coastal appears to
be one for indemnity based on Defendant Coastal's wrongful
conversion of the insurance proceeds. The third-party complaint
does not list any substantive count, only that Defendant
Lexington is entitled to indemnification from Defendant Coastal,
who allegedly "converted the insurance proceeds paid to them by
Lexington to their own use." (Doc. 17 ¶ 9; accord. Id. 91 11.)