Federal Insurance Company v. The Hanover Insurance Company

Filing 39

MEMORANDUM OPINION AND ORDER granting 38 Motion for Miscellaneous Relief filed by The Hanover Insurance Company and withdrawing 33 MEMORANDUM OPINION AND ORDER addressing 18 Motion for Summary Judgment filed by The Hanover Insurance Company and 21 Motion for Summary Judgment filed by Federal Insurance Company. (Ordered by Chief Judge Sidney A Fitzwater on 12/12/2013) (Chief Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
FEDERAL INSURANCE COMPANY,
Plaintiff,
VS.
THE HANOVER INSURANCE
COMPANY,
Defendant.

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§ Civil Action No. 3:11-CV-2661-D
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MEMORANDUM OPINION
AND ORDER
The parties’ December 12, 2013 agreed motion to seal court’s order is granted as follows.*
The purpose of the parties’ motion is to facilitate the settlement in this case by effecting the
withdrawal of the court’s September 24, 2013 memorandum opinion and order. See Fed. Ins. Co.
v. Hanover Ins. Co., 2013 WL 5339210 (N.D. Tex. Sept. 24, 2013) (Fitzwater, C. J.). The parties
made such a request on November 27, 2013. In an order filed the same day, the court noted that the
opinion had been selected for publication in the Federal Supplement. Consequently, the court stated
that if the parties represented and the court confirmed that the opinion was being withdrawn from
publication, the court would in turn withdraw the opinion. The parties have advised the court in the
instant motion that they have made this request and the opinion has been withdrawn from
publication in the Federal Supplement. The court has confirmed that this representation is correct.
Accordingly, the court’s September 24, 2013 memorandum opinion and order, reported at
*

Under § 205(a)(5) of the E-Government Act of 2002 and the definition of “written
opinion” adopted by the Judicial Conference of the United States, this is a “written opinion[]
issued by the court” because it “sets forth a reasoned explanation for [the] court’s decision.”
It has been written, however, primarily for the parties, to decide issues presented in this case,
and not for publication in an official reporter, and should be understood accordingly.

2013 WL 5339210, is hereby withdrawn in its entirety, as if it had never been filed.
SO ORDERED.
December 12, 2013.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE

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