National Union Fire Insurance Company of Pittsburgh, PA v. Lambert et al

Filing 72

MEMORANDUM OPINION & ORDER DISMISSING defendant Ezra Lambert's 17 Counterclaim; to the extent that the counterclaim requests compensation for the guardian ad litem, this request has already been denied in this court's 04/23/2009 Order; REFERRING Mr. Lambert's 71 MOTION for costs, attorneys fees, and expenses to the Honorable Mary E. Stanley, United States Magistrate Judge. Signed by Judge Joseph R. Goodwin on 4/26/2010. (cc: attys; any unrepresented party) (mkw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Plaintiff, v. EZRA LAMBERT, et al., Defendants. CIVIL ACTION NO. 2:08-cv-01158

MEMORANDUM OPINION & ORDER In its April 19, 2010 Memorandum Opinion and Order [Docket 69] and Judgment Order [Docket 70], this court neglected to address defendant Ezra Lambert's Counterclaim [Docket 17]. This counterclaim is DISMISSED. Most of the counterclaim is moot. Mr. Lambert's request for a declaratory judgment that the plaintiff has a duty to defend or indemnify him has been granted by this court's April 19, 2010 Memorandum Opinion and Order granting summary judgment to the defendant Betty Jean Hale. To the extent that the counterclaim requests compensation for the guardian ad litem, this request has already been denied in this court's April 23, 2009 Order [Docket 22 (citing Syl. pt. 1, Quesinberry v. Quesinberry et al., 443 S.E.2d 222 (W. Va. 1994))]. Finally, Mr. Lambert's request for costs, attorneys fees, and expenses is REFERRED to the Honorable Mary E. Stanley, United States Magistrate Judge, pursuant to this court's Standing Order [Docket 2].

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: April 26, 2010

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