Pennsylvania National Mutual Casualty Insurance Company v. Beach Mart, Inc. et al

Filing 137

ORDER granting 136 Consent MOTION to Realign the Parties and Set the Order of Proof at Trial. It is ordered that the parties are realigned with Beach Mart as plaintiff and Penn National as defendant. Signed by District Judge Louise Wood Flanagan on 12/28/2022. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

Motion GRANTED. 

PENNSYLVANIA NATIONAL MUTUAL
CASUALTY INSURANCE COMPANY,

December
28
22
This the ____ day of ___________, 20___. 

Plaintiff,

/s/Louise W. Flanagan, U.S. District Judge 

v.

2:14-cv-00008-FL

BEACH MART, INC.
Defendant.

CONSENT MOTION TO REALIGN THE PARTIES
AND SET THE ORDER OF PROOF AT TRIAL
Beach Mart, Inc., (“Beach Mart”) by and through its undersigned counsel and with the
consent of the Plaintiff, respectfully moves this Court to realign the parties.
For the reasons below, the parties request that (1) Beach Mart be realigned as Plaintiff and
Pennsylvania National Mutual Casualty Insurance Company (“Penn National”) be re-aligned as
defendant and (2 ) that the order of proof at trial be set accordingly.
I.

PROCEDURAL HISTORY
1.

This case began when Penn National filed a Complaint in this action seeking a

declaratory judgment against Beach Mart. ECF No. 1. On October 2, 2017, Penn National filed an
Amended Complaint. ECF No. 40.
2.

In response, Beach Mart filed an Amended Answer which also contained certain

counterclaims. ECF No. 44.
3.

In response to the counterclaims, on November 6, 2017, Penn National filed an

Answer to the counterclaims and asserted affirmative defenses. ECF No. 45.

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Case 2:14-cv-00008-FL Document 137 Filed 12/28/22 Page 1 of 1