Praetorian Insurance Company v. Brown et al

Filing 27

ORDER terminating 15 Motion for Summary Judgment; terminating 21 Motion to Dismiss; terminating 21 Motion to Stay Case; and deferring ruling on 25 Motion to Dismiss. The parties are instructed to update the Court on the status of the dismissal of the state court action within thirty (30) days. Signed by District Judge Daniel P. Jordan III on March 19, 2013. (EH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
PRAETORIAN INSURANCE COMPANY

PLAINTIFF

V.

CIVIL ACTION NO. 5:12CV21 DPJ-FKB

HAL BROWN, REGAN ISLAND HUNTING
CLUB, LLC, T.M. LUSTER, JACK SISTRUNK,
AND CURT POWELL

DEFENDANTS

ORDER

This declaratory judgment action is before the Court on Motion of Defendants T.M.
Luster and Jack Sistrunk to Dismiss by Way of Settlement of Underlying Cause of Action [25].
Plaintiff Praetorian Insurance Company agrees with the premise of Defendants’ motion, but
opposes dismissal at this time, based on the fact that the proposed Judgment of Dismissal with
Prejudice of the state court action has not been signed by the parties to the suit or the presiding
judge.
Accordingly, the Court finds that it should defer ruling on Defendants’ motion to dismiss
[25]. The parties are instructed to update the Court on the status of the dismissal of the state
court action within thirty (30) days. Due to the settlement, the Court further finds that the
remaining pending motions [15, 21] should be terminated.
SO ORDERED AND ADJUDGED this the 19th day of March, 2013.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE