Pan American Life Insurance Company v. Louisiana Acquisitions Corp. et al

Filing 444

ORDER AND REASONS: IT IS ORDERED that 417 Motion for Entry of Final Judgment and Motion to Stay is GRANTED; IT IS FURTHER ORDERED that 420 Motion to Reopen Case is DENIED; IT IS FURTHER ORDERED that 423 Motion for Partial Summary Judgment is DISMISSED AS PREMATURE; IT IS FURTHER ORDERED that 428 Motion to Stay Motion for Summary Judgment is DENIED AS MOOT. Signed by Judge Jay C. Zainey on 10/25/2017. (ajn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PAN AMERICAN LIFE INSURANCE
CO., INDIVIDUALLY AND AS A
PARTNER IN PANACON

CIVIL ACTION

VERSUS

NO: 13-5027

LOUISIANA ACQUISITIONS CORP.
AND INTER-CONTINENTAL
HOTELS CORP.

SECTION: "A" (3)

ORDER AND REASONS
The following motions are before the Court: Motion for Entry of Final Judgment
and Stay of Proceedings (Rec. Doc. 417), and Motion to Stay Motion for Summary
Judgment (Rec. Doc. 428) filed by Plaintiff, Pan American Life Insurance Co.
(“PALIC”); Motion to Reopen Case (Rec. Doc. 420), and Motion for Summary
Judgment on Counterclaims (Rec. Doc. 423) filed by Defendants, Inter-Continental
Hotels Corp. and Louisiana Acquisitions Corp. (“Defendants”). The motions are before
the Court on the briefs without oral argument.
On August 21, 2017, the Court issued its Order and Reasons granting
Defendants’ motions for summary judgment on all of PALIC’s remaining claims. (Rec.
Doc. 415). The Court entered a judgment the next day in favor of Defendants and closed
the case. (Rec. Doc. 416). PALIC filed a notice of appeal. (Rec. Doc. 418). Counsel for
Defendants then contacted the Court to point out that Defendants had unadjudicated
counterclaims pending in this case that were now ripe for decision. The Court instructed

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counsel for Defendants to move to reopen the case. Defendants have now filed their
motion to reopen the case as well as a motion for summary judgment on their
counterclaims. Defendants assert that every finding necessary to relief in their favor is
contained in the Court’s Order and Reasons granting summary judgment.
PALIC, on the other hand, moves to certify the judgment previously entered as a
final judgment so that PALIC can continue with its appeal. PALIC also moves to stay the
proceedings as to Defendants’ counterclaims pending the outcome of the appeal.
The Court finds PALIC’s position to be the more persuasive one.
Accordingly;
IT IS ORDERED that the Motion for Entry of Final Judgment and Stay of
Proceedings (Rec. Doc. 417) filed by Plaintiff, Pan American Life Insurance Co. is
GRANTED. The Court expressly determines that there is no just reason for delay and
therefore directs that the judgment entered on August 22, 2017 (Rec. Doc. 416) shall
constitute a final judgment as to all claims asserted in this action by Plaintiff;
IT IS FURTHER ORDERED that the Motion to Reopen Case (Rec. Doc. 420)
filed by Defendants is DENIED. The case will remain closed pending the outcome of the
appeal without prejudice to Defendants’ right to pursue their counterclaims after the
appellate court rules. Either party can move to reopen the case once the appellate
court’s mandate is issued;
IT IS FURTHER ORDERED that the Motion for Summary Judgment on
Counterclaims (Rec. Doc. 423) filed by Defendants is DISMISSED AS PREMATURE;
IT IS FURTHER ORDERED that the Motion to Stay Motion for Summary

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Judgment (Rec. Doc. 428) filed by PALIC is DENIED AS MOOT.
October 25, 2017
_______________________________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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