Armstrong v. Wright National Flood Insurance Company

Filing 12

AGREED ORDER ON DEFENDANT'S MOTION TO DISMISS: Ordered that Plaintiffs claims for breach of implied warranty of good faith and fair dealing, bad faith and punitive damages are hereby dismissed, without prejudice; and that Plaintiff will proceed on his claim for breach of the Standard Flood Insurance Policy and will seek all damages recoverable under such claim. Signed by Chief District Judge Louis Guirola, Jr. on 7/12/17. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
RICHARD ARMSTRONG d/b/a
LEISURE HOME PRODUCTS, INC.
VS.

PLAINTIFF
CAUSE NO.: 1:17CV175-LG-RHW

WRIGHT NATIONAL FLOOD INSURANCE
COMPANY

DEFENDANT

AGREED ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS MATTER, having come before this Court on Defendant’s Motion to Dismiss
Plaintiff’s Claims for Breach of the Duty of Good Faith and Fair Dealing, Bad Faith, Punitive
Damages, Attorney’s Fees and Costs [Doc.8], and the Court, having been advised that the parties
have reached an agreement regarding the Defendant’s Motion and the requested relief, does hereby
find and order as follows:
1.

That the Plaintiff filed his lawsuit on April 28, 2017 in the Circuit Court of Harrison

County, First Judicial District. [Doc.1-2]
2.

Plaintiff’s Complaint contained claims for breach of contract, breach of duty of

good faith and fair dealing and punitive damages. [Doc.1-2]
3.

The case was removed to this Court on June 12, 2017. [Doc.1]

4.

Defendant filed its Motion to Dismiss Plaintiff’s Claims for Breach of Duty of

Good Faith and Fair Dealing, Bad Faith, Punitive Damages, Attorney’s Fees and Costs on June
23, 2017. [Doc.8]
5.

Plaintiff has agreed to dismiss his claims for breach of the duty of good faith and

fair dealing, bad faith and punitive damages.

6.

Plaintiff will proceed on his claim for breach of the Standard Flood Insurance

Policy, and will seek to recover of all damages allowed by such claim.
IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff’s claims for breach of
implied warranty of good faith and fair dealing, bad faith and punitive damages are hereby
dismissed, without prejudice.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff will proceed on his claim
for breach of the Standard Flood Insurance Policy and will seek all damages recoverable under
such claim.
SO ORDERED AND ADJUDGED this the 12th day of July, 2017.
s/

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief United States District Judge

AGREED TO BY:
/s/ William Alex Brady, II_________________
WILLIAM ALEX BRADY, II (MSB #101418)
Brady Law Firm, PLLC
520 E. Railroad, Suite B
Long Beach, MS 39560
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

/s/ Adam B. Harris_______________________
ADAM B. HARRIS (MSB #102955)
Phelps Dunbar LLP
2602 13th Street, Suite 300
Gulfport, MS 39501
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendant