Pyles et al v. P.A.M. Transportation Services, Inc. et al

Filing 63

ORDER granting 52 Defendant Great American Insurance Company's Motion for Partial Summary Judgment as to Plaintiffs' claims concerning alleged miscalculation of TDD benefits. Signed by Judge S Arthur Spiegel on 5/28/2013. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JOHN PYLES, et al.,

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Plaintiffs,
v.
P.A.M. TRANSPORTATION SERVICES,
INC., et al.,
Defendants.

NO.

1:12-CV-00447

ORDER

This matter is before the Court on Defendant, Great
American Insurance Company’s Motion for Partial Summary Judgment
(doc. 52), and Plaintiffs’ Response (doc. 59).
Defendant

moves

for

partial

summary

judgment

as

to

Plaintiffs’ claims of bad faith and breach of contract with respect
to allegations concerning alleged miscalculation of temporary total
disability benefits (doc. 52).

Plaintiffs indicate they do not

intend to pursue such allegations as a basis for liability, and
therefore they do not oppose dismissal of claims regarding payment
of disability benefits (doc. 59).
Having reviewed this matter, and noting Plaintiffs do not
oppose Defendant’s motion, the Court finds such motion well-taken.
Accordingly, the Court GRANTS Defendant, Great American Insurance
Company’s Motion for Partial Summary Judgment (doc. 52) as to
Plaintiffs’

claims

concerning

alleged

miscalculation

of

TDD

benefits.
SO ORDERED.

Dated: May 28, 2013

s/S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge

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