Hughes et al v. Wright National Flood Insurance Company

Filing 14

CONSENT ORDER DISMISSING PLAINTIFFS' CLAIMS FOR ATTORNEY'S FEES AND PREJUDGMENT INTEREST AND STRIKING PLAINTIFFS' JURY DEMAND. Signed by the Honorable R Bryan Harwell on 9/22/2017. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Angela and Michael Hughes,
Plaintiffs,
vs.
Wright National Flood Insurance
Company,
Defendant.

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CONSENT ORDER DISMISSING
PLAINTIFFS’ CLAIMS FOR
ATTORNEY’S FEES AND
PREJUDGMENT INTEREST AND
STRIKING PLAINTIFFS’ JURY
DEMAND
C.A. No.: 4:17-cv-01058-RBH

This matter is before the Court on a consent motion to strike the plaintiffs’ claims for
attorney’s fees and pre-judgment interest and their demand for a jury trial. This matter arises out
of a flood loss claim pursuant to a Standard Flood Insurance Policy issued to the Plaintiffs by
Wright National Flood Insurance Company, in its capacity as a Write-Your-Own Program
insurance carrier participating in the United States Government’s National Flood Insurance
Program, pursuant to the National Flood Insurance Act of 1968, as amended. As all such claims
are paid with funds from the United States’ Treasury, the Plaintiffs’ demands for attorney’s fees
and prejudgment interest should be dismissed and the Plaintiffs’ request for trial by jury is not
appropriate in a claim under a Standard Flood Insurance Policy. The Parties, being in agreement
that the demands for attorney’s fees and prejudgment interest should be dismissed and that the
jury demand should be stricken, and the Court, deeming it proper to do so,
IT IS HEREBY ORDERED that the Plaintiffs’ demands for attorney’s fees and
prejudgment interest are dismissed; and
IT IS FURTHER ORDERED that the Plaintiffs’ request for trial by jury is stricken.

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IT IS SO ORDERED.
September 22, 2017
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

WE CONSENT:
/s/ Tucker S. Player
Tucker S. Player
PLAYER LAW FIRM, LLC
Post Office Box 21005
Columbia, South Carolina 29221
[e-mail]
Attorney for Plaintiffs,
Angela and Michael Hughes

/s/ Phillip E. Reeves
Phillip E. Reeves
GALLIVAN WHITE BOYD
Post Office Box 10589
Greenville, South Carolina 29603
[e-mail]
Local Counsel for Defendant,
Wright National Flood Insurance
Company

/s/ Theodore I. Brenner
Theodore I. Brenner, Esquire
FREEBORN & PETERS LLP
411 East Franklin Street, Suite 200
Richmond, Virginia 23219
[e-mail]
Pro Hac Vice
Counsel for Defendant,
Wright National Flood Insurance
Company

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