Companion Property and Casualty Insurance Company v. W.O. White Trucking LLC et al

Filing 49

ORDER granting 45 Motion for Partial Summary Judgment; denying as moot 3 Motion for Preliminary Injunction. The Court hereby STAYS all further proceedings in this matter pending the Plaintiffs completion of the construction projects identified in its Verified Complaint. The Plaintiff is hereby ORDERED to notify this Court when all such construction projects have been completed and the final amount of its indemnity claim is known. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 2/2/2015. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:14-CV-55-F

COMPANION PROPERTY AND
CASUALTY INSURANCE
CORPORATION,

)
)
)
)

Plaintiff
V.

)
)
)

)

W.O. WHITE TRUCKING, LLC;
WILLIAM 0. WHITE; MARTY G.
WHITE; DELMA 0. WHITE; HILDA D.
WHITE; DOW 1, LLC; and PDWOW, LLC,

ORDER

)
)
)
)
)

Defendants.

)

This matter is before the court on the Plaintiff's Motion for Partial Summary Judgment
and Stay of Further Proceedings [DE-45]. The Plaintiffhas moved for partial summary judgment
on its first cause of action-Breach of Contract/Specific Performance-against Defendants W.O.
White Trucking, LLC; William 0. White; and DOW 1, LLC (together, the "Defendants"). The
court has considered the documents filed in support of this motion, namely the Plaintiffs
Verified Complaint [DE-l], the Memorandum of Law in Support of Plaintiffs Motion for
Preliminary Injunction [DE-4], the Affidavit of John Northrop [DE-5], the Entry of Default [DE38], and the Memorandum of Law in support ofthe present motion [DE-46]. The Defendants
have not filed any response to the present motion nor have they presented any opposing
evidence. Having reviewed the materials before it, the court finds that there is no genuine issue
of material fact and that the Plaintiff is entitled to summary judgment as a matter of law. See Fed.
R. Civ. P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Therefore, the

Plaintiffs Motion for Partial Summary Judgment and Stay of Further Proceedings [DE-45] is
ALLOWED. The court enters the following relief in favor ofthe Plaintiff:
1.

The Defendants are jointly and severally liable to the Plaintiff and are hereby

specifically ORDERED to perform their duty to post collateral security under the Indemnity
Agreement;
2.

The Defendants are hereby ORDERED to post to the Plaintiff collateral security

in the amount of One Million Dollars ($1 ,000,000): (1) in certified funds within fifteen (15) days
of this Order; or (2) in real property, personal property, assignments, and/or security interests in
property within twenty (20) days of this Order; or (3) a combination of cash in certified funds
and property within twenty (20) days of this Order;
3.

This is an Order for specific performance covered under Rule 62(a)(1) ofthe

Federal Rules of Civil Procedure;
4.

Failure of the Defendants to abide by this Order and post the required collateral

security will result in the Court using its inherent powers, and those granted by Rule 70 of the
Federal Rules of Civil Procedure, to enforce this Order;
5.

The Court hereby STAYS all further proceedings in this matter pending the

Plaintiffs completion of the construction projects identified in its Verified Complaint;
6.

The Plaintiff is hereby ORDERED to notify this Court when all such construction

projects have been completed and the final amount of its indemnity claim is known; and
7.
MOOT.

The Plaintiffs Motion for Preliminary Injunction [DE-3] is hereby DENIED AS

SO ORDERED .
.,J.
This theL day of February, 2015.

enior United States District Judge