Accident Insurance Co Inc v. Blanchet et al

Plaintiff: Accident Insurance Co Inc
Defendant: Henry Albert Boudreaux, Jr, Benjamin B Blanchet, Anne B Blanchet and H S B Design & Contractors L L C
 
Case Number: 6:2013cv00387
Filed: February 21, 2013
 
Court: Louisiana Western District Court
Office: Lafayette Office
County: Vermilion
Presiding Judge: Rebecca F Doherty
Referring Judge: Patrick J Hanna
 
Nature of Suit: Insurance
Cause of Action: 28:1332 Diversity-Insurance Contract
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
July 22, 2013 31 Featured Case MEMORANDUM RULING 14 MOTION to Dismiss For Failure to State a Claim MOTION to Stay filed by H S B Design & Contractors L L C, Henry Albert Boudreaux, Jr, 29 Response in Opposition (NOT Motions) filed by Accident Insurance Co Inc re [30 ] Response (NOT Motions) filed by H S B Design & Contractors L L C, Henry Albert Boudreaux, Jr. IT IS ORDERED that the Motion to Dismiss or Alternatively, Motion to Stay Action [Doc. 14] is GRANTED IN PART AND DENIED IN PART. That portion of the motion seeking to dismiss the claims of AIC for failure to state a claim under the Declaratory Judgment Act is DENIED for the reasons stated in the Ruling. Defendants alternative request for relief that the instant action be stayed pending a final judgment in the underlying state lawsuit in accordance with the standards enunciated in Wilton and Brillhart, infra. is DENIED AS MOOT, this Court concluding in its discretion that the instant case should be DISMISSED WITHOUT PREJUDICE for the reaso ns stated herein and for the reasons stated in the magistrate judges Report and Recommendation. Thus, to the extent that this Court is granting the instant motion to dismiss -- albeit sua sponte under the Wilton/Brillhart doctrine the motion to dismiss is GRANTED IN PART. IT IS FURTHER ORDERED the parties shall submit a proposed judgment, approved as to form, within ten (10) days of the date of this Ruling. Signed by Judge Rebecca F Doherty on 7/22/13. (crt,Guidry, C)
July 22, 2013 32 Featured Case ORDER For the reasons stated in the Memorandum Ruling 31 dated July 22, 2013, IT IS ORDERED that the Motion to Dismiss or Alternatively, Motion to Stay Action [Doc. 14] is GRANTED IN PART AND DENIED IN PART. That portion of the motion seeking to d ismiss the claims of AIC for failure to state a claim under the Declaratory Judgment Act is DENIED for the reasons stated in the Ruling. Defendants alternative request for relief that the instant action be stayed pending a final judgment in the und erlying state lawsuit in accordance with the standards enunciated in Wilton and Brillhart, infra. is DENIED AS MOOT, this Court concluding in its discretion that the instant case should be DISMISSED WITHOUT PREJUDICE for the reasons stated herein an d for the reasons stated in the magistrate judges Report and Recommendation. Thus, to the extent that this Court is granting the instant motion to dismiss -- albeit sua sponte under the Wilton/Brillhart doctrine the motion to dismiss is GRANTED IN PART. IT IS FURTHER ORDERED the parties shall submit a proposed judgment, approved as to form, within ten (10) days of the date of this Ruling. Signed by Judge Rebecca F Doherty on 7/22/13. (crt,Guidry, C)

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Plaintiff: Accident Insurance Co Inc
Represented By: Sean Patrick Mount
Represented By: Jordan Michael Jeansonne
Represented By: Jason Matthew Baer
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Defendant: Henry Albert Boudreaux, Jr
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Defendant: Benjamin B Blanchet
Represented By: Jude Colby David
Represented By: Henry C Perret, Jr
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Defendant: Anne B Blanchet
Represented By: Jude Colby David
Represented By: Henry C Perret, Jr
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Defendant: H S B Design & Contractors L L C
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