American Trucking and Transport Insurance Company v. Nelson et al

Filing 110

ORDER dismissing as moot 51 Motion to Dismiss; dismissing as moot 74 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 9/16/2019. (ASG)

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

SEP 16 2019
Clerk, U.S. District Court
District Of Montana
Missoula

AMERICAN TRUCKING AND
TRANSPORTATION INSURANCE
COMPANY, a Risk Retention Group,

CV 16-160- M- DLC

ORDER

Plaintiff,
vs.
RALPH NELSON, ROBERT
GORMAN, SR., BOBBY J.
GORMAN, DAN DOOLEY, and
WESTCHESTER
SURPLUS LINES INSURANCE
COMPANY,
Defendants.

On August 27, 2019, the Court ordered the parties to show cause why their
pending motions for summary judgment should not be dismissed as moot, given
the submission of coverage issues arising under the Westchester Policy to
arbitration.

(Doc. 108.)

Defendant Westchester Surplus Lines Insurance

Company did not file a response, and Plaintiff American Trucking and
Transportation Insurance Company does not object to dismissal of its motion for
summary judgment.
Accordingly, IT IS ORDERED that the pending motions for summary

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judgment (Docs. 51 & 74) are DISMISSED AS MOOT.

The Court recognizes

that the parties have not waived any substantive legal arguments.
DATED this

l

'-llt day of September, 2019.

Dana L. Christensen, Chief Judge
United States District Court

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