Certain Underwriters at Lloyds, London subscribing to Policy Nos. TCNR001338, TCNR005665 and TCNR012269 v. Garcia et al

Filing 162

ORDER - Stock's motion for partial summary judgment [DE 147] is GRANTED. Underwriters' amended motion for limited discovery [DE 155] is GRANTED and discovery on the issue of the amount of fees and costs paid by Stock in its defense in the Underlying Action shall remain open for twenty-one days from the date of entry of this order. Woomer's motion for summary judgment [DE 122] shall remain HELD IN ABEYANCE. Signed by District Judge Terrence W. Boyle on 9/13/2022. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-367-BO

CERTAIN UNDERWRITERS AT
LLOYD'S , LONDON subscribing to
POLICY NOS. TCNR001338,
TCNR005665 and TCNR012269,
Plaintiff,
V.

STOCK BUILDING SUPPLY, LLC n/k/a
BMC EAST, LLC,
Defendant.
and
STOCK BUILDING SUPPLY, LLC.
Third-Party Plaintiff,
V.

WOOMER INSURANCE GROUP, INC,
Third-Party Defendant.

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ORDER

This matter is before the Court on defendant Stock Building Supply' s motion for partial
summary judgment in its favor on plaintiff Certain Underwriters at Lloyd's, London' s
(Underwriters) duty to defend. Without opposition from Underwriters, and in light of this
Court's prior ruling on Underwriters ' motion for summary judgment, Stock Building Supply's
(Stock) motion [DE 14 7] is GRANTED for the reasons outlined therein.
Also pending before the Court is Underwriters ' motion to conduct limited discovery on
the issue of the amount of fees and costs paid by Stock in its defense in the Underlying Action.

Case 5:14-cv-00367-BO Document 162 Filed 09/14/22 Page 1 of 3

Stock has responded that it will produce the relevant invoices and a consent protective order has
been entered by the Court. To the extent any additional discovery is required, the Court will
GRANT Underwriters' motion and permit the parties twenty-one days from the date of entry of
this order to complete any remaining discovery.
Finally, third-party defendant Woomer has filed a motion for summary judgment which
has been to date held in abeyance. At the hearing before the undersigned conducted April 19,
2022, Woomer' s counsel requested that its motion continue to be held in abeyance pending final
resolution of Stock' s claim, noting that if Underwriters have a duty to defend Stock, Stock has
no claim against Woomer. The Court will continue to hold the motion in abeyance pending a
decision on Stock' s amount of attorney fees and costs paid in its defense of the Underlying
Action. Stock and Woomer shall, at the time Stock files its request for an award of attorney fees
and costs paid in defense of the Underlying Action, either request withdrawal of Woomer' s
motion or file a joint motion for appropriate resolution of the motion.
CONCLUSION
In sum, and for the foregoing reasons, Stock' s motion for partial summary judgment [DE
147] is GRANTED. Underwriters' amended motion for limited discovery [DE 155] is
GRANTED and discovery on the issue of the amount of fees and costs paid by Stock in its
defense in the Underlying Action shall remain open for twenty-one days from the date of entry
of this order. Woomer' s motion for summary judgment [DE 122] shall remain HELD IN
ABEYANCE as outlined above.
The parties shall, not later than October 21 , 2022, file any motions or stipulations
necessary to bring this case to a close.

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Case 5:14-cv-00367-BO Document 162 Filed 09/14/22 Page 2 of 3

SO ORDERED this

(

J

day of September 2022.

7&~Ȣ
TERRENCE W. BOYLE

UNITED STA TES DISTRICT JUDGE

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