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

Filing 73

ORDER denying as moot 44 Motion to Dismiss. Signed by Honorable David C. Bramlette, III on April 20, 2018. (JBR)

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

PLAINTIFF
CAUSE NO. 5:17-CV-137-DCB-MTP

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

DEFENDANTS
ORDER

By Order [Doc. 70] dated March 28, 2018, the Court granted
Talex Enterprises, LLC, Jubilee Performing Arts Center, Terrance
Alexander,

and

the

Board

of

Mayor

and

Selectmen

of

McComb,

Mississippi (collectively, “Counter-Plaintiffs”) leave to file an
amended counterclaim.
In the Order, the Court explained that if Counter-Plaintiffs
timely filed an amended counterclaim, the Court would deny as moot
Hudson Specialty Insurance Company’s Motion to Dismiss [Doc. 44]
Counter-Plaintiffs’ Original Counterclaim.
Counter-Plaintiffs timely filed an Amended Counterclaim [Doc.
72] on April 10, 2018.

Accordingly,
IT

IS

ORDERED

that

Hudson

Specialty

Insurance

Company’s

Motion to Dismiss [Doc. 44] is denied as MOOT. Hudson Specialty
Insurance Company is free to re-urge its Motion in accordance with
Federal Rule of Civil Procedure 12.
SO ORDERED, this the 20th day of April, 2018.
/s/ David Bramlette_________
UNITED STATES DISTRICT JUDGE