Laschkewitsch v. American National Life Insurance Company

Filing 56

JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS defendant's motion for summary judgment based on collateral estoppel [D.E. 25], GRANTS defendant's motion to seal [D.E. 27], GRANTS plaintiffs motion to seal [D.E. 32], DE NIES plaintiffs motion for summary judgment [D.E. 34] and DENIES plaintiffs motion in limine [D.E. 38]. The court DISMISSES with prejudice plaintiffs claims and GRANTS summary judgment to defendant on its four claims.IT IS FURTHERED ORDERED that afte r applying the paralegal rate to clerical/secretarial work and deducting the amount of fees reasonably attributable to ANICO's counterclaim for breach of contract, the court AWARDS ANIC0 $115,861.41 in attorneys' fees. The court AWARDS ANICO $3,345.72 indamages, treble the amount of ANICO's compensatory damages of $1,115.24. ANICO may apply for costs consistent with the Federal Ru1es of Civil Procedure and this court's local ru1es. Signed by Peter A. Moore, Jr., Clerk of Court on 7/27/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
JOHN LASCHKEWITSCH,
Plaintiff,
v.
AMERICAN NATIONAL LIFE
INSURANCE COMPANY,
Defendant.

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JUDGMENT IN A CIVIL CASE
CASE NO. 5:15-CV-21-D

Decision by Court.
IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS defendant's motion
for summary judgment based on collateral estoppel [D.E. 25], GRANTS defendant's motion to
seal [D.E. 27], GRANTS plaintiff’s motion to seal [D.E. 32], DENIES plaintiffs motion for
summary judgment [D.E. 34] and DENIES plaintiffs motion in limine [D.E. 38]. The court
DISMISSES with prejudice plaintiff’s claims and GRANTS summary judgment to defendant on
its four claims.
IT IS FURTHERED ORDERED that after applying the paralegal rate to clerical/secretarial work and
deducting the amount of fees reasonably attributable to ANICO's counterclaim for breach of contract, the
court AWARDS ANIC0 $115,861.41 in attorneys' fees. The court AWARDS ANICO $3,345.72 in
damages, treble the amount of ANICO's compensatory damages of $1,115.24. ANICO may apply for
costs consistent with the Federal Ru1es of Civil Procedure and this court's local ru1es.

This Judgment Filed and Entered on July 27, 2017, and Copies To:
John Laschkewitsch

(Sent to 1933 Ashridge Dr. Fayetteville, NC
28304 via U.S. Mail)

Gilbert C. Laite, III

(via CM/ECF electronic notification)

Kelly C. Hanley

(via CM/ECF electronic notification)

DATE:

PETER A. MOORE, JR., CLERK

July 27, 2017

(By) /s/ Nicole Briggeman
Deputy Clerk