Stephens et al v. Holcomb Logging, LLC et al

Filing 124

ORDER granting in part, denying in part, and holding in abeyance in part 72 Motion for Summary Judgment. Signed by Senior Judge Glen H. Davidson on 4/17/15. (rel)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

LISA BEAM STEPHENS and
PAMELA BEAM DRAKE,
Wrongful Death Beneficiaries of
Truman Edward Beam

v.

PLAINTIFFS
CIVIL ACTION NO.: I: 13-cv-00244-GHD-DAS

PROGRESSIVE GULF INSURANCE COMPANY

GARNISHEE

v.
HOLCOMB LOGGING, LLC; DARRYL HOLCOMB;

JAMES HOLCOMB; and IC TRUCKING

DEFENDANTS

ORDER GRANTING IN PART, DENYING IN PART, AND HOLDING IN ABEYANCE

IN PART GARNISHEE'S MOTION FOR SUMMARY JUDGMENT; DENYING

PLAINTIFFS' MOTION TO STAY CONSIDERATION OF GARNISHEE'S MOTION

FOR SUMMARY JUDGMENT

Pursuant to an opinion issued this day, it is hereby ORDERED that:
(1) Garnishee's motion for summary judgment [72] is GRANTED IN PART, insofar as
the judgment of the Circuit Court of Itawamba County, Mississippi is void as to
Defendants Darryl Holcomb, James Holcomb, and IC Trucking;
(2) The claims against Defendants Darryl Holcomb, James Holcomb, and IC Trucking
are hereby DISMISSED, and the same are DISMISSED AS PARTIES to the action;
(3) Garnishee's motion for summary judgment [72] is DENIED IN PART, insofar as the
judgment of the Circuit Court of Itawamba County, Mississippi as to Defendant
Holcomb Logging, LLC is valid and entitled to full faith and credit;

(4) Garnishee's motion for summary judgment [72] is HELD IN ABEYANCE with
respect to the other issues raised concerning insurance coverage until such time as the
parties have fully briefed the issue of whether the subject insurance policy provides
liability coverage for Holcomb Logging, LLC for the subject incident; and
(5) Plaintiffs' motion to stay consideration [113] of Garnishee's motion for summary
judgment [72] is not well taken and is thus DENIED.
The Court hereby gives the parties an opportunity to submit briefing solely relating to the
issue of whether the subject insurance policy provides liability coverage for Holcomb Logging,
LLC for the subject incident. Garnishee and Defendant Holcomb Logging, LLC may submit any
such briefing within twenty (20) days of the date of this memorandum opinion and order.
Plaintiffs may submit any responsive briefmg within ten (10) days of Garnishee's and/or
Defendant Holcomb Logging, LLC's ~mission.

SO ORDERED, this, the

If) d;of April, 20lsJ i~
SENIOR U.S. DISTRICT JUDGE