Hudson Specialty Insurance Company v. Talex Enterprises, LLC et al
| Hudson Specialty Insurance Company |
| Talex Enterprises, LLC, Jubilee Performing Arts Center, Inc., Terrance L. Alexander and Board of Mayor and Selectmen of McComb, Mississippi |
| Board of Mayor and Selectmen of McComb, Mississippi |
| Board of Mayor and Selectmen of McComb, Mississippi |
| 5:2017cv00137 |
| November 13, 2017 |
| US District Court for the Southern District of Mississippi |
| Western Office |
| XX US, Outside State |
| Michael T. Parker |
| David C. Bramlette |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
317
ORDER granting 316 Motion for Default Judgment as to Defendant Concepts by Mere, LLC. Signed by District Judge David C. Bramlette, III on 11/17/20. (cp)
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Filing
310
ORDER granting 307 Motion for Default Judgments as to Defendants Cox Architecture, P.A.; Twice as Nice, LLC; Professional Beauty, Barber and Equipment, Inc., d/b/a Gulf South Salon Services; Pics N Sips, LLC; McComb Neurology, P.A.; Clear Creek Ca binetry, Inc.; Gilbert Law Firm, PLLC; Nieman & Associations, PC; Ronnie Whittington; Allie's Enterprises, LLC; Office Automation Center, Inc.; Graphics Etc., LLC; Samuel Alexander; and Lott Furniture Company of McComb. Signed by District Judge David C. Bramlette, III on 07/23/2020 (sl)
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Filing
277
ORDER denying as moot 251 Motion for Entry of Judgment under Rule 54(b); denying as moot 251 Motion to Stay Proceedings Signed by District Judge David C. Bramlette, III on 06/09/2020 (sl)
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Filing
267
ORDER granting in part and denying in part 241 Motion in Limine. Signed by District Judge David C. Bramlette, III on 3/20/2020 (sl)
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Filing
266
ORDER granting in part and denying in part 240 Motion in Limine Signed by District Judge David C. Bramlette, III on 03/09/2020 (sl)
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Filing
262
ORDER. On October 24, 2019, Hudson filed a Motion for Reconsideration [ECF No. 253] regarding the Court's Order on Motion for Partial Summary Judgment [ECF No. 250]. The Court found that the motion was well taken and submitted a reconsidered Ord er on January 30, 2019. Defendants/Counter-Claimants Motion for Entry of Final Judgment [ECF No. 251] is premised on the originally filed Motion for Partial Summary Judgment [ECF No. 250], which has been vacated and a reconsidered order filed. The pa rties shall submit additional briefing addressing the issue of whether, procedurally, an appeal can be taken regarding the Court's determination that the property exclusions of the subject policies apply to the JPAC building in the event Hudson has an obligation to indemnify. In the event that there is no such obligation, the property exclusion issue becomes moot. Signed by District Judge David C. Bramlette, III on 02/19/2020 (sl)
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Filing
261
ORDER granting in part and denying in part 202 Motion for Partial Summary Judgment. There is a genuine issue of material fact as to whether Hudson had a duty to defend Defendants/Counter-Claimants (Talex, Alexander, Jubilee, McComb) in the suit br ought by McComb. While McComb's operative pleadings did not allege covered conduct, there may have been sufficient extrinsic information to put Hudson on notice that it had a duty to defend. As there are genuine issues of material fact, Hudson&# 039;s Motion for Summary Judgment is denied. Additionally, the issue of whether the subject Policies are void ab initio has not been addressed. As to the issue of indemnification should the Court find that Hudson had a duty to defend the Subject Po licies' exclusion for property damage of owned, rented, or occupied property applies. Therefore, if Hudson had a duty to defend, it would not have a duty to indemnify McComb for its expenses as a result of the JPAC collapse. The property exclusion does not apply to the flower beds and street lights, which are not owned by Alexander, Talex, or Jubilee. Signed by District Judge David C. Bramlette, III on 01/30/2020 (sl)
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Filing
250
ORDER granting in part and denying in part 202 Motion for Partial Summary Judgment Hudson had a duty to defend Defendants/Counter-Claimants (Talex, Alexander, Jubilee, McComb) in the suit brought by McComb. While McComb's operative pleadings did not allege covered conduct, there was sufficient extrinsic information to put Hudson on notice that it may have a duty to defend. For the issue of indemnification, the Subject Policies' exclusion for property damage of owned, rented, or occu pied property applies. Therefore, Hudson has no duty to indemnify McComb for its expenses as a result of the JPAC collapse. The property exclusion does not apply the flower beds and street lights, which are not owned by Alexander, Talex, or Jubilee.25 Signed by District Judge David C. Bramlette, III on 09/26/2019 (sl) Modified on 9/26/2019 (lda).
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Filing
247
ORDER denying 204 Motion to Strike Signed by District Judge David C. Bramlette, III on 09/04/2019 (sl)
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Filing
243
ORDER granting in part and denying in part 200 Motion for Partial Summary Judgment. The Motion for Partial Summary Judgment Payment of Faraway, LLC [ECF 200] is granted, in part. Hudson Specialty may issue loss payment(s) totaling $660,000.0 0 to Faraway pursuant to the Talex Policys Business and Personal Property Coverage Form; such payment(s) will exhaust the Forms limit of insurance applicable to the JPAC building; but such payment(s) will not result in a waiver of nor otherwise prejudice Hudson Specialtys claim to have the Talex Policy declared void ab initio Signed by District Judge David C. Bramlette, III on 08/23/2019 (sl)
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Filing
236
ORDER granting in part and denying in part 227 Motion to Strike ; granting 227 Motion for Leave to File; granting 229 Motion for Leave to File. The portion of the Motion to Strike [Doc. 227] requesting that certain arguments in the summary j udgment briefing be stricken is hereby denied as moot. The portion of the Motion to Strike [Doc. 227] requesting leave to file the proposed Sur-Reply is hereby granted. The Motion for the Filing of Sur-Reply and Sur-Rebuttal [Doc. 229] is hereby granted. The parties shall file their respective Sur-Reply [Doc. 227-1] and Sur-Rebuttal [228-1] on or before August 9, 2019. Signed by District Judge David C. Bramlette, III on 08/15/2019 (sl)
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Filing
103
ORDER denying 98 99 Motion for Reconsideration. Signed by Honorable David C. Bramlette, III on August 15, 2018 (JBR)
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Filing
97
ORDER granting 86 motion to dismiss. The Court dismisses, without prejudice, counts I, II, and III of Faraway, LLC's amended counterclaim. Signed by Honorable David C. Bramlette, III on July 26, 2018 (JBR)
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Filing
95
ORDER denying 74 Hudson Specialty Insurance Company's motion to dismiss. If Counterclaimants desire a speedy hearing under Federal Rule of Civil Procedure 57, Counterclaimants shall file a motion requesting a speedy hearing and a supporting brief explaining why the Court should prioritize this case over others on its docket. Signed by Honorable David C. Bramlette, III on June 25, 2018. (JBR)
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Filing
79
ORDER denying as moot 62 Motion to Dismiss; denying as moot 69 Motion for Leave to File Amended Counterclaim; granting 76 Motion for Leave to File First Amended Counterclaim. Signed by Honorable David C. Bramlette, III on May 21, 2018. (JBR)
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Filing
73
ORDER denying as moot 44 Motion to Dismiss. Signed by Honorable David C. Bramlette, III on April 20, 2018. (JBR)
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Filing
64
ORDER directing the Board of Mayor and Selectmen of McComb, Mississippi to file with this Court, within five days, a copy of the "written contract of Assignment of Chose in Action" that is described on page seven, paragraph d of its counterclaim.Signed by Honorable David C. Bramlette, III on March 12, 2018 (JBR)
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Filing
61
ORDER denying 10 Motion to Dismiss filed by Board of Mayor and Selectmen of McComb, Mississippi. Signed by Honorable David C. Bramlette, III on March 8, 2018 (JBR)
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Filing
52
ORDER denying Defendant Cox Architecture, P.A.'s Motion to Change Venue 33 and Amended Motion to Change Venue 34 , construed as motions to remand. Signed by Honorable David C. Bramlette, III on February 8, 2018 (JBR)
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