Nexsen Pruet LLC v. Westport Insurance Corporation

Filing 44

ORDER Requesting Further Briefing re 6 MOTION to Dismiss, requesting each party to submit briefs to the court of no more than twelve (12) pages by 07/29/2010. Signed by Honorable Joseph F Anderson, Jr on 07/13/2010. (bshr, )

N e x s e n Pruet LLC v. Westport Insurance Corporation

D o c . 44

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION N e x se n Pruet, LLC, P l a in tif f , vs. W e stp o rt Insurance Corporation, D e f e n d a n t. ) ) ) ) ) ) ) ) ) ) C / A No.: 3:10-895-JFA

ORDER

T h is matter comes before the court on Westport Insurance Corporation's motion to d is m is s . (Dkt. No. 6.) The motion has been fully briefed and the court heard oral argument o n June 7, 2010. At the hearing, Westport requested and received leave to brief certain issue s raised at the hearing. And those issues have now been fully briefed as well. The court h a s considered the parties' briefs and the arguments at the hearing and now requests further ta rg e t e d briefing. In aid of determining whether the first to file rule applies and whether a llo w in g Nexsen Pruet LLC's declaratory judgment action to proceed will result in piecemeal li ti g a tio n , the court requests that each party submit a brief to the court of no more than 12 p a g e s by July 29, 2010, on the question of whether William Phillip Murdock, Jr. and Allen M . Nason are necessary or indispensable parties under Rule 19. Fed. R. Civ. P. 19. Each s id e will be afforded a single brief, with no opportunity to file a response or reply. IT IS SO ORDERED.

Ju ly 13, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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