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

Filing 262

ORDER. On October 24, 2019, Hudson filed a Motion for Reconsideration [ECF No. 253] regarding the Court's Order on Motion for Partial Summary Judgment [ECF No. 250]. The Court found that the motion was well taken and submitted a reconsidered Ord er on January 30, 2019. Defendants/Counter-Claimants Motion for Entry of Final Judgment [ECF No. 251] is premised on the originally filed Motion for Partial Summary Judgment [ECF No. 250], which has been vacated and a reconsidered order filed. The pa rties shall submit additional briefing addressing the issue of whether, procedurally, an appeal can be taken regarding the Court's determination that the property exclusions of the subject policies apply to the JPAC building in the event Hudson has an obligation to indemnify. In the event that there is no such obligation, the property exclusion issue becomes moot. Signed by District Judge David C. Bramlette, III on 02/19/2020 (sl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
Western Division

HUDSON SPECIALTY INSURANCE COMPANY

PLAINTIFF/
COUNTER-DEFENDANT

V.

CIV NO: 5:17-cv-00137-DCB-MTP

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

DEFENDANTS/

OF MCCOMB, MISSISSIPPI, et al.

COUNTER-CLAIMANTS
ORDER

This matter is before the Court on Defendants/CounterClaimants Talex Enterprises, LLC; Jubilee Performing Arts
Center, Inc.; Terrance L Alexander; and the Board of Mayor and
Selectmen of McComb, Mississippi’s Motion for Entry of Judgment
under Rule 54(b) [ECF No. 251]; Hudson Specialty Insurance
Company (“Hudson”)’s Response [ECF No. 255]; and the
Defendants/Counter-Claimants’ Rebuttal [ECF No. 258].
On October 24, 2019, Hudson filed a Motion for
Reconsideration [ECF No. 253] regarding the Court’s Order on
Motion for Partial Summary Judgment [ECF No. 250]. The Court
found that the motion was well taken and submitted a
reconsidered Order on January 30, 2019. This Motion for Entry of

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Final Judgment is premised on the originally filed Motion for
Partial Summary Judgment [ECF No. 250], which has been vacated
and a reconsidered order filed. The parties shall submit
additional briefing addressing the issue of whether,
procedurally, an appeal can be taken regarding the Court’s
determination that the property exclusions of the subject
policies apply to the JPAC building in the event Hudson has an
obligation to indemnify. In the event that there is no such
obligation, the property exclusion issue becomes moot.
Accordingly,
IT IS HEREBY ORDERED AND ADJUDGED that the
Defendants/Counter-Claimants have twenty (20) days from the
entry of this Order to provide additional briefing on the issue
of entering a final judgment pursuant to Federal Rule of Civil
Procedure 54(b), Hudson shall have fourteen (14) days to
respond, and Defendants/Counter-Claimants shall have seven (7)
days to submit a Rebuttal.
SO ORDERED this the 19th day of February, 2020.

___/s/ David Bramlette_______
UNITED STATES DISTRICT JUDGE

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