Lombardo v. State Farm Fire and Casualty Insurance Company

Filing 59

ORDER granting in part and denying in part 35 Motion for Summary Judgment as more fully set forth in document. Signed by Judge Carl Barbier on 01/06/2010. (mmm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

FRANK LOMBARDO VERSUS STATE FARM FIRE AND CASUALTY INSURANCE COMPANY

CIVIL ACTION NO: 09-512 SECTION: J(5)

ORDER Having been advised that Plaintiff does not oppose Defendant State Farm's Motion for Summary Judgment (Rec. Doc. 35) as it relates to Plaintiff's Additional Living Expenses ("ALE") claims, IT IS ORDERED that Defendant State Farm's Motion for Summary Judgment (Rec. Doc. 35) is partially GRANTED and that Plaintiff's claims for ALE are DISMISSED, with prejudice. IT IS FURTHER ORDERED that for reasons stated in Lightell v. State Farm Fire and Casualty Co., No. 08-4393, 2009 WL 4505942 at *2-3 (E.D. La. Nov. 25, 2009) (citing Dickerson v. Lexington Insurance Co., 556 F.3d 290, 295 (5th Cir. 2009); Smith v. American Family Life Assur. Co. of Columbus, 584 F.3d 212, 218 (5th Cir. 2009); Doerr v. Mobil Oil Corp., 774 So.2d 119, 124 (La. 2000)), Defendant State Farm's Motion for Summary Judgment

(Rec. Doc. 35) is hereby DENIED as to the remainder of Plaintiff's claims. Hello This is a Test New Orleans, Louisiana this ______ day of _________, 2010. January 6th

____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE

2