Employers Mutual Casualty Company v. Raddin et al

Filing 90

ORDER withdrawing 85 Motion to Strike. The underlying plaintiffs are granted leave to file a sur-reply in the event Employers Mutual Casualty Company files a Rebuttal to the response filed by the underlying plaintiffs on October 20, 2011. Signed by Honorable David C. Bramlette, III on February 2, 2012. (lda)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION EMPLOYERS MUTUAL CASUALTY COMPANY VS. PLAINTIFF CIVIL ACTION NO. 5:10-CV-00137-DCB-JMR CHARLIE RADDIN, AN INDIVIDUAL; JACOB WOODARD, AN INDIVIDUAL; KYLE CORLEY, AN INDIVIDUAL; BRIAN STEPHENSON, AN INDIVIDUAL; RICHARD DARDEN, AN INDIVIDUAL; THE YAZOO CITY MEDICAL CLINIC; AND JOHN DOES 1-20 DEFENDANTS AGREED ORDER WITHDRAWING MOTION TO STRIKE AND GRANTING LEAVE TO FILE SUR-REPLY THIS CAUSE having come before this Court on the Motion of Charlie Raddin, Jacob Woodard, Kyle Corley, Brian Stephenson and Jerold Hollowell (hereinafter “the underlying plaintiffs”), To Strike Employers Mutual Casualty Company’s Response to Yazoo City Medical Clinic’s Cross-Motion for Declaration of Coverage, or, in the Alternative, For Leave to File SurReply to Employers Mutual Casualty Company’s Anticipated Reply to Certain Defendant’s Response in Opposition to Employers Mutual Casualty Company’s Motion for Summary Judgment. After discussion by the parties, Charlie Raddin, Jacob Woodard, Kyle Corley, Brian Stephenson and Jerold Hollowell have agreed to withdraw their Motion To Strike Employers Mutual Casualty Company’s (hereinafter “EMC”) Response to the Yazoo City Medical Clinic’s Cross-Motion for Declaration of Coverage. In exchange, Employers Mutual Casualty Company consents to the underlying plaintiffs’ request for leave to file a sur-reply in the event EMC files a Rebuttal to the response filed by the underlying plaintiffs on October 20, 2011. IT IS, THEREFORE, ORDERED that the Underlying Plaintiffs Motion to Strike is hereby withdrawn, and the underlying plaintiffs shall be granted leave to file a sur-reply in the event EMC files a Rebuttal to the response filed by the underlying plaintiffs on October 20, 2011. SO ORDERED this the 2nd day of February, 2012. s/David Bramlette UNITED STATES DISTRICT JUDGE Prepared by: /s/ John M. Lassiter John M. Lassiter, Esq. (MS Bar #102235) BURR & FORMAN, LLP 401 E. Capitol Street, Suite 100 Jackson, MS 39201 Telephone: (601) 355-3434 E-mail: jlassite@burr.com Agreed to by: /s/ James D. Boone James D. Boone, Esq. (MS Bar #102377) COPELAND, COOK, TAYLOR AND BUSH, PA 1076 Highland Colony Parkway 600 Concourse, Suite 100 Ridgeland, MS 39157 Telephone: (601) 856-7200 Email: jboone@cctb.com

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