Medical Plaza, LLC v. United States Fidelity and Guaranty Company et al

Filing 116

ORDER denying Defendant USF&G's 85 Motion for Partial Summary Judgment; denying Plaintiff's 91 Motion for Partial Summary Judgment; denying Plaintiff's 90 Motion for Attorney Fees Pursuant to Fed. R. Civ. P. 37(c)(2). Signed by Senior Judge L. T. Senter, Jr, on 09/16/2008 (kbo)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

MEDICAL PLAZA, LLC V.

PLAINTIFF CIVIL ACTION NO. 1:07cv98-LTS-RHW DEFENDANTS

UNITED STATES FIDELITY AND GUARANTY COMPANY AND JOHN AND JANE DOES A, B, C, D, E, F, G, AND H ORDER

In accordance with a Memorandum Opinion filed contemporaneously herewith, IT IS ORDERED: USF&G's [85] Motion for Partial Summary Judgment is DENIED, the Court finding that the Undamaged Portion of the Building provision extends coverage to the loss and that at this time there is a genuine issue of material fact on the issue of punitive damages; Plaintiff's [91] Motion for Partial Summary Judgment is DENIED, the Court finding that damages are limited to the loss in value of the undamaged portion of the building; Plaintiff's [90] Motion for Attorney Fees and Expenses Pursuant to Fed. R. Civ. P. 37(c)(2) is DENIED. SO ORDERED this the 16th day of September, 2008.

s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE