Acadia Insurance Company v. SouthernPointe Group Inc et al
||Acadia Insurance Company
||SouthernPointe Group Inc, Robert Donlon, Beverly Donlon, Luther S Pate, IV and Encore Tuscaloosa LLC
||August 15, 2017
||US District Court for the Northern District of Alabama
||Abdul K Kallon
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|January 24, 2018
MEMORANDUM OPINION and ORDER denying 40 MOTION for Leave to File to File a Surreply filed by SouthernPointe Group Inc,; granting 33 MOTION to Dismiss Crossclaim Plaintiffs' Claims filed by Encore Tuscaloosa LLC, Lu ther S Pate, IV; After carefully reviewing SoutherPointe's answer, the parties' brief, and established federal law governing crossclaims, the court has determined that Encore's motion is due to be granted; The court DENIES SouthernPoin te's request for Leave to File a Surreply, 40 ; As stated within, to the extent SouthernPointe wishes to assert claims against Encore, the underlying lawsuit in state court is the proper vehicle for those claims; Therefore, the court GRANTS Encore's motion, 33 , and DISMISSED SouthernPointe's crossclaims against Encore. Signed by Judge Abdul K Kallon on 1/24/2018. (KBB)
|November 29, 2017
MEMORANDUM OPINION and ORDER granting in part denying in part 12 MOTION to Dismiss; granting 17 MOTION to Amend the Motion to Dismiss; as stated within SouthernPointe moved to amend its motion to seek dismissal under Rule 12(b)(6), 17 , That motion is GRANTED; As further stated within, Acadia's request for a declaration that it has no duty to indemnify SoutherPointe is insufficiently ripe for adjudication, and, as to the duty to indemnify claim, SouthernPointe's motion to dismiss is GRANTED and that claim is dismissed without prejudice; Based on the allegations in the underlying lawsuit, Acadia's complaint asserts at least on alternative ground for finding that the policy does not require it to defend SouthernPoi nte in the underlying proceedings, and SouthernPointe has not provided any basis for rejecting that ground at this stage; Therefore, because the language of the policy plausibly supports Acadia's position that it is not required to defend SouthernPointe against the underlying plaintiff's lawsuit, as to the duty to defend claim, SouthernPointe's motion to dismiss, 12 , is DENIED. Signed by Judge Abdul K Kallon on 11/29/2017. (KBB)
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