Great West Casualty Co. v. Flandrich et al

Filing 53

ORDER denying 51 Motion for Summary Judgment. Signed by Algenon L. Marbley on 1/7/2009. (cw, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION GREAT WEST CASUALTY CO., Plaintiff, v. WAYNE FLANDRICH DBA J&W TRANSPORT, et al. Defendants. : : : : : : : : : : ORDER This matter comes before the Court on Third Party Defendants OOIDA Risk Retention Group, Inc.'s, Commercial Truck Claims Management's, and Owner-Operator Services, Inc.'s (collectively referred to as "OOIDA") Motion for Summary Judgment on Defendant/Third Party Plaintiff Wayne Flandrich dba J&W Transport's ("J&W Transport") Bad Faith Claim (doc. no. 51). OOIDA's Motion was filed on December 29, 2008. Pursuant to this Court's Preliminary Pretrial Order (doc. no. 16), the deadline for filing case-dispositive motions was September 19, 2008. Therefore, OOIDA's Motion was filed 101 days after the deadline for dispositive motions. For the foregoing reason, OOIDA's Motion for Summary Judgment on J&W Transport's Bad Faith Claim is therefore DENIED. This Order is without any disposition as to the underlying issues raised by OOIDA's Motion. IT IS SO ORDERED. s/Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT COURT Dated: January 7, 2009

Case No. 2:07-CV-1002 JUDGE ALGENON L. MARBLEY Magistrate Judge Abel