Riverbend Environmental Services, LLC v. Crum & Forster Specialty Insurance Company

Filing 126

ORDER dismissing without prejudice 66 Motion for Referral to Bankruptcy Court and dismissing without prejudice 80 Motion for Summary Judgment. Signed by District Judge David C. Bramlette, III on February 27, 2024. (jm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

RIVERBEND ENVIRONMENTAL SERVICES, LLC
vs.

PLAINTIFF

CIVIL ACTION NO. 5:22-CV-31-DCB-BWR

CRUM & FORSTER SPECIALTY INSURANCE COMPANY

DEFENDANT

ORDER
Before the Court is Plaintiff Riverbend Environmental
Services, LLC (“Plaintiff”)’s Motion to Refer to Bankruptcy
[ECF No. 66] and Defendant Crum & Forster Specialty Insurance
Company (“Defendant”)’s Motion for Summary Judgment [ECF No.
80].

The Court is informed that the parties reached a

settlement of this matter during a telephonic settlement
conference held before United States Magistrate Judge Bradley
W. Rath.

See Docket Minute Entry 1/29/2024.

The settlement is

subject to the United States Bankruptcy Court's approval in
Chapter 11 Case No. 19-03828-KMS.

The Court further is

informed that the approval process in the Chapter 11 case has
commenced and is ongoing.
Given that the parties have reached a settlement of their
differences in this case, the Court finds it appropriate to
dismiss as moot and without prejudice the pending motions
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(i.e., [ECF No. 66] and [ECF No. 80]).

The parties will be

afforded the opportunity to re-file their respective motions if
bankruptcy court approval in the Chapter 11 case is not
obtained.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Refer to
Bankruptcy [ECF No. 66] and Defendant’s Motion for Summary
Judgment [ECF No. 80] are dismissed without prejudice as moot.
IT IS FURTHER ORDERED that, if the United States Bankruptcy
Court does not approve the settlement, the parties shall have
the opportunity to re-file their respective motions that are
dismissed hereby.
SO ORDERED, this the 27th day of February 2024.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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.

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