Ray v Stage Stores, Inc. et al

Filing 52

ORDER GRANTING SUMMARY JUDGMENT : Summary Judgment is also granted to defendant New Hampshire Insurance Company, dismissing the plaintiff's claims against it. A separate final judgment will be issued. Signed by Magistrate Judge Stephen C. Riedlinger on 9/1/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

VIRGIE RAY
CIVIL ACTION
VERSUS
NUMBER 14-631-SCR
STAGE STORES, INC., ET AL
ORDER GRANTING SUMMARY JUDGMENT
The Ruling on Motion for Summary Judgment granted summary
judgment in favor of defendants Specialty Retailers, Inc., and
Stage Stores, Inc., dismissing the plaintiff’s claims against them
with prejudice.1

Defendant New Hampshire Insurance Company, which

plaintiff alleged issued a policy of insurance to defendant Stage
Stores, Inc., did not join in the motion filed by its insured and
Specialty Retailers, Inc., nor file its own motion for summary
judgment.
After considering the summary judgment record developed on
Specialty Retailers, Inc. and Stage Stores, Inc.’s Motion for
Summary Judgment,2 and the Ruling on Motion for Summary Judgment as
to defendants Stage Stores and Specialty Retailers, there no longer
appears to be any basis in the record for the plaintiff’s claims
against defendant New Hampshire Insurance Company.
Pursuant to Rule 56(f)(1), Fed.R.Civ.P., the parties were

1

Record document number 49.

2

Record document number 20.

notified that the court is considering granting summary judgment
to, and entering judgment in favor of, defendant New Hampshire
Insurance Company and were given time to file memoranda and
evidence which demonstrates why summary judgment should not be
granted to New Hampshire Insurance Company.3
Plaintiff did not file any response to the Notice and Order.
Defendant New Hampshire Insurance Company filed a memorandum and a
copy of the policy issued to Stage Stores, Inc.4

Defendant

noted

that the policy provides for payment of such sums as “the Insured
becomes legally obligated to pay as damages.”

Defendant argued

that because the court has determined its insured is not legally
obligated to pay any amount of damages, under Louisiana law it
cannot be liable to the plaintiff for payment under the policy.
The court agrees with the defendant.
For the reasons stated in the Ruling on Motion for Summary
Judgment

and

the

reasons

argued

by

defendant

New

Hampshire

Insurance Company in its memorandum, summary judgment for the
defendant is supported by the record.
Therefore;
IT IS ORDERED that summary judgment is also granted to
defendant

New

Hampshire

Insurance

3

Company,

dismissing

the

Record document number 50. Rule 56(f) provides that after
giving notice and a reasonable time to respond, the court may grant
summary judgment for a nonmovant.
4

Record document number 51.
2

plaintiff’s claims against it.

A separate final judgment will be

issued.
Baton Rouge, Louisiana, September 1, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

3