Artisan & Truckers Casualty Company v. Miller et al

Filing 99

Order granting the Motion for summary judgment filed by Defendants and Crossclaim Plaintiffs, Barry M. Creagan, Jr. & Lauren M. Creagan, as natural parents and co-administrators of the Estate of M.C. and Barry M. Creagan, Jr. & Lauren M. Creagan, as natural parents of J.C., Minor and Barry M. Creagan, Jr. by assignment from Kirsch Transportation Services, Inc. (Related Doc # 98 ). Judge Jeffrey J. Helmick on 9/27/22.(M,SM)

Case: 3:17-cv-02399-JJH Doc #: 99 Filed: 09/27/22 1 of 2. PageID #: 1263

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Artisan & Truckers Casualty Co.,

Case No. 3:17-cv-2399

Plaintiff,
v.

ORDER

Meredith A. Miller, et al.,
Defendants.
Defendants and Crossclaim Plaintiffs, Barry M. Creagan, Jr. & Lauren M. Creagan, as natural
parents and co-administrators of the Estate of M.C. and Barry M. Creagan, Jr. & Lauren M. Creagan,
as natural parents of J.C., Minor and Barry M. Creagan, Jr. by assignment from Kirsch
Transportation Services, Inc. (collectively “Kirsch”), have filed a motion for summary judgment on
its counterclaim. (Doc. No. 98). Kirsch seeks a declaratory judgment “declaring the rights and
obligations of Artisan[ & Truckers Casualty Co.], Natex[ Group, Inc.], and Kirsch as follows:
There is no coverage afforded under the Artisan Policy’s Auto Coverage Part for the
Final Judgment issued in the consolidated cases Barry M. Creagan, Jr., et al. v Wal-Mart
Transportation, LLC, et al. and Rebecca DeGondea, individually and as the mother and natural
guardian of her daughter, Lilyana DeGondea, a minor v. Wal-Mart Transportation, LLC, et al.
(3:16-cv-02788 and 3:16-cv-02960).
(Doc. No. 98 at 11).
No party has filed a response to Kirsch’s motion, and the deadline to do so has passed. See
Loc. R. 7.1. A party failing to respond to a dispositive motion waives opposition to that motion. See
Moody v. CitiMortgage, Inc., 32 F. Supp. 3d 869, 875 (W.D. Mich. 2014) (citing Humphrey v. U.S. Att’y

Case: 3:17-cv-02399-JJH Doc #: 99 Filed: 09/27/22 2 of 2. PageID #: 1264

Gen.’s Off., 279 F. App’x 328, 331 (6th Cir. 2008) and Scott v. State of Tenn., 878 F.2d 382 (6th Cir.
1989) (unpublished table decision)).
A court “shall grant summary judgment if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.
56(a). Kirsch asserts summary judgment must be granted on the counterclaim because “the Artisan
Policy, by its plain language, does not cover Kirsch as an insured for any remaining claims or
judgments against it . . . .” (Doc. No. 98 at 5).
Following my review of the Artisan Policy, (Doc. Nos. 98-1 and 98-2), I agree the plain
language of the Artisan Policy does not provide coverage for Kirsch. Therefore, I grant Kirsch’s
motion for summary judgment, (Doc. No. 98), and conclude as follows:
There is no coverage afforded under the Artisan Policy’s Auto Coverage Part for the
Final Judgment issued in the consolidated cases Barry M. Creagan, Jr., et al. v Wal-Mart
Transportation, LLC, et al. and Rebecca DeGondea, individually and as the mother and natural
guardian of her daughter, Lilyana DeGondea, a minor v. Wal-Mart Transportation, LLC, et al.
(3:16-cv-02788 and 3:16-cv-02960).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge

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