Hendrick Automotive Group v. Trumbull Insurance Company et al

Filing 13

CONSENT ORDER - Counsel for parties shall follow instructions and deadlines as outlined in this Order.. Signed by District Judge Max O. Cogburn, Jr on 11/29/2017. (chh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:17-CV-00198-MOC-DSC Hendrick Automotive Group, Plaintiff, CONSENT ORDER vs. Trumbull Insurance Company, and Hartford Fire Insurance Company, Defendants. This matter is before the Court on Plaintiff Hendrick Automotive Group and Defendants Trumbull Insurance Company and Hartford Fire Insurance Company’s (the “Parties”) Motion for Joint Request to Submit this case on Motions for Summary Judgment. The Court has heard from the Parties, reviewed the Joint Request, and approves it as submitted. The Parties agree to the following: 1. Plaintiff shall file a stipulation of dismissal with prejudice for the following claims: a. Unfair Trade Practices- N.C. Gen. Stat. § 75-1.1 et seq. b. Insurance Bad Faith 2. All parties waive their right to a jury trial. 3. The Parties shall submit a Stipulated Statement of Facts on or before December 8, 2017. 4. The Parties shall submit cross-Motions for Summary Judgment on Plaintiff’s Breach of Contract Claim on or before January 19, 2018, with supporting briefs. 5. The Parties shall submit limited Responses to Motions for Summary Judgment on or before February 2, 2018, with responsive brief length limited to 10 pages, double-spaced, minimum 12 point font. 6. The Parties waive their right to file any Reply Briefs in further support of their respective Motions for Summary Judgment. 7. The Parties waive their right to appeal the Court’s decision on the parties’ crossMotions for Summary Judgment, or to seek reconsideration of the Court’s decision. Said another way, the Court’s decision on summary judgment shall be the full and final decision of this case. 8. The Parties shall not be required to mediate this dispute. IT IS THEREFORE ORDERED that the parties’ Motion for Joint Request is approved as submitted and as noted herein. Signed: November 29, 2017 CONSENTED TO BY: NEXSEN PRUET, PLLC JAMES, McELROY & DIEHL, P.A. /s/ Samantha K. Lloyd /s/ Adam L. Ross Samantha K. Lloyd 227 W Trade St #1550 Charlotte, North Carolina, 28202 Telephone: (704) 338-5368 Slloyd@nexsenpruet.com Adam L. Ross 600 South College Street Suite 3000 Charlotte, North Carolina 28202 Telephone: (704) 372-9870 aross@jmdlaw.com Attorneys for Defendants Trumbull Insurance Company and Hartford Fire Insurance Company Attorneys for Hendrick Automotive Group ____

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