Balfour Beatty Construction, LLC v. FCCI Insurance Company

Filing 18

ORDER continuing trial off of the June trial calendar. The Court will re-set the trial via Notice at a later date. Signed by Senior Judge Graham Mullen on 5/9/19. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00232-GCM
BALFOUR BEATTY CONSTRUCTION,
LLC,
Plaintiffs,
v.
FCCI INSURANCE COMPANY,
Defendants.

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ORDER

THIS MATTER COMES before this Court sua sponte. The Parties briefed the Motion
for Summary Judgment (Doc. No. 13) in this case. After review of the briefs, the Court will require
additional briefing on the following topic. The insurance policy in this matter contains a notice
provision that requires insureds to notify Defendant of a claim or suit “as soon as practicable.” The
Court directs the Parties to address, in ten pages or fewer, the issue of whether proper notice was
given to Defendant as required by the policy and what, if any, impact that notice has on the
outcome of this case. Specifically, did Plaintiff provide notice to Defendant “as soon as
practicable” and if not, how does that impact the pending Motion for Summary Judgment in this
matter? Defendant’s brief on this issue is due on May 23, 2019. Plaintiff’s response is due on May
30, 2019. And Defendant’s reply is due June 6, 2019.
Due to the pending Motion for Summary Judgment and the required additional briefing,
the trial in this matter is continued off of the June trial calendar. The Court will re-set the trial via
Notice at a later date.
SO ORDERED.

Signed: May 9, 2019