Great American Insurance Company v. GRM Management, LLC et al

Filing 49

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 11/24/2014. (ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

GREAT AMERICAN INSURANCE COMPANY,
Plaintiff/Counterclaim Defendant,
Civil Action No. 3:14CV295

V.

GRM MANAGEMENT, LLC, and
SN HOLDINGS, LLC,
Defendants/Counterclaim Plaintiffs.
MEMORANDUM OPINION

Before the Court are Defendants/CounterclaimPlaintiffs GRM Management, LLC

("GRM") and SN Holdings, LLC's ("SN") (collectively, "Defendants") Motion to Dismiss the
Complaint and Plaintiff/Counterclaim Defendant Great American Insurance Company's ("Great
American") Motion to Dismiss the Counterclaim, Motion to Bifurcate, and Motion for Judgment
onthe Pleadings. (ECF Nos. 11, 20, 23, 25.) The Court heard oral argument and these matters

are ripe for disposition. The Court exercises jurisdiction pursuant to 28 U.S.C. §1332.^
For the reasons that follow, the Court will:

(1)

Deny GRM and SN's Motion to Dismiss the Complaint (ECF No. 11);

(2)

Grant in part and deny in part Great American's Motion for Judgment onthe
Pleadings and, to the extent applicable, its Motion to Dismiss (ECF Nos. 20,25);
and,

(3)

Grant Great American's Motion to Bifurcate (ECF No. 23).

' The parties are diverse and the amount incontroversy exceeds $75,000. 28 U.S.C.
§ 1332.