Scott et al v. Lifesecure Insurance

Filing 46

MEMORANDUM DECISION AND ORDER-IT IS HEREBY ORDERED, for the reasons stated on the record, that plaintiffs' Motion for Summary Judgment 30 is DENIED, defendant's Cross Motion for Summary Judgment 36 is GRANTED and defenda nts Motion to Exclude the Expert Opinion of Kenneth Hooper 33 is MOOT. As a result of plaintiffs breach of contract claim and breach of the implied covenant of good faith and fair dealing claim being dismissed, plaintiffs third and final cause of action for injunctive relief on the same set of facts cannot prevail and is also DISMISSED. The clerk of court is directed to enter judgment in favor of defendants and close the case. Signed by Judge Clark Waddoups on 9/12/16. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

MARK SCOTT, an individual; and
MERRILEE SCOTT, an individual;
Plaintiffs,

MEMORANDUM DECISION AND
ORDER

v.
LIFESECURE INSURANCE COMPANY, a
Michigan corporation;

Case No. 2:15-cv-00197
Judge Clark Waddoups

Defendant.

This matter is before the court on plaintiffs’ Motion for Summary Judgment (Dkt. No. 30),
defendant’s Cross Motion for Summary Judgment (Dkt. No. 36), and defendant’s Motion to
Exclude the Expert Opinion of Kenneth Hooper. (Dkt. No. 33). A hearing on the motions was
held before the Honorable Clark Waddoups on September 7, 2016. Kevin West and Nicholas
Frandsen appeared on behalf of plaintiffs and Timothy Daniels and Noah Hoagland appeared on
behalf of defendant. After due consideration of the parties’ filings and oral arguments, and
otherwise being fully advised,
IT IS HEREBY ORDERED, for the reasons stated on the record, that plaintiffs’ Motion
for Summary Judgment (Dkt. No. 30) is DENIED, defendant’s Cross Motion for Summary
Judgment (Dkt. No. 36) is GRANTED and defendant’s Motion to Exclude the Expert
Opinion of Kenneth Hooper (Dkt. No. 33) is MOOT. As a result of plaintiffs’ breach of
contract claim and breach of the implied covenant of good faith and fair dealing claim being
dismissed, plaintiffs’ third and final cause of action for injunctive relief on the same set of facts

cannot prevail and is also DISMISSED. The clerk of court is directed to enter judgment in favor
of defendants and close the case.
SO ORDERED this 12th day of September, 2016.
BY THE COURT:
______________________________
Clark Waddoups
United States District Court Judge