Accident Insurance Co Inc v. Blanchet et al
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|Date Filed||#||Document Text|
|July 22, 2013
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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