Hudson Specialty Insurance Company v. Talex Enterprises, LLC et al

Filing 236

ORDER granting in part and denying in part 227 Motion to Strike ; granting 227 Motion for Leave to File; granting 229 Motion for Leave to File. The portion of the Motion to Strike [Doc. 227] requesting that certain arguments in the summary j udgment briefing be stricken is hereby denied as moot. The portion of the Motion to Strike [Doc. 227] requesting leave to file the proposed Sur-Reply is hereby granted. The Motion for the Filing of Sur-Reply and Sur-Rebuttal [Doc. 229] is hereby granted. The parties shall file their respective Sur-Reply [Doc. 227-1] and Sur-Rebuttal [228-1] on or before August 9, 2019. Signed by District Judge David C. Bramlette, III on 08/15/2019 (sl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
HUDSON SPECIALITY INSURANCE COMPANY
V.

PLAINTIFF
CASE NO. 5:17cv137-DCB-MTP

TALEX ENTERPRISES, LLC; JUBILEE PERFORMING
ARTS CENTER, INC.; TERRANCE L. ALEXANDER; the
BOARD OF MAYOR AND SELECTMEN
OF MCCOMB, MISSISSIPPI, et al.

DEFENDANTS

AGREED ORDER
This matter is before the Court on the Motion to Strike or, in the Alternative, for Leave to
File Sur-Reply (“Motion to Strike”) [Doc. 227] of Defendants/Counter-Claimants Talex
Enterprises, LLC; Terrance L. Alexander; Jubilee Performing Arts Center, Inc.; and, the Board
of Mayor and Selectmen of McComb, Mississippi (collectively, “Counter-Claimants”), and the
Motion for the Filing of Sur-Reply and Sur-Rebuttal [Doc. 229] of Plaintiff/Counter-Defendant
Hudson Specialty Insurance Company (“Hudson”). Counter-Claimants and Hudson have reached
an agreement on the pending motions to the effect that Counter-Claimants withdraw their request
to strike certain portions of Hudson’s Reply Memorandum in Support of Its Motion for Partial
Summary Judgment – Liability Coverage, and Counter-Claimants and Hudson consent to the
filing of the proposed Sur-Reply [Doc. 227-1] and Sur-Rebuttal [Doc. 228-1]. The Court, being
fully advised in the premises and considering the agreement of the parties, finds that the Motion
to Strike [Doc. 227] should be granted in part and denied in part, and that the Motion for the
Filing of Sur-Reply and Sur-Rebuttal [Doc. 229] should be granted.
IT IS THEREFORE ORDERED AND ADJUDGED that:
(i)

The portion of the Motion to Strike [Doc. 227] requesting that certain arguments
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in the summary judgment briefing be stricken is hereby denied as moot.
(ii)

The portion of the Motion to Strike [Doc. 227] requesting leave to file the

proposed Sur-Reply is hereby granted.
(iii)

The Motion for the Filing of Sur-Reply and Sur-Rebuttal [Doc. 229] is hereby

granted.
(iv)

The parties shall file their respective Sur-Reply [Doc. 227-1] and Sur-Rebuttal

[228-1] on or before August 9, 2019.
SO ORDERED AND ADJUDGED this the 15th day of August, 2019.

__/s/ David Bramlette______________________
UNITED STATES DISTRICT COURT JUDGE

AGREED:
s/Mark J. Goldberg
WAYNE DOWDY, MSB # 6177
MARK J. GOLDBERG, MS BAR #101874
Counsel for: TALEX ENTERPRISES, LLC; JUBILEE PERFORMING ARTS CENTER, INC.;
TERRANCE L. ALEXANDER; AND THE BOARD OF MAYOR AND SELECTMEN OF
MCCOMB, MISSISSIPPI
s/ Smith Boykin
W. WRIGHT HILL, JR., MSB # 9560
T. L. “SMITH” BOYKIN, III, MSB # 101256
Counsel for: HUDSON SPECIALTY INSURANCE COMPANY

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