Peace College of Raleigh, Inc. v. American International Specialty Lines Insurance Company et al
| Peace College of Raleigh, Inc. |
| American International Specialty Lines Insurance Company and Chartis Claims, Inc. |
| 5:2009cv00479 |
| November 4, 2009 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Louise Wood Flanagan |
| None |
| 28 U.S.C. ยง 1331 Fed. Question: Insurance Contract |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
39
ORDER granting 31 Motion to Stay Enforcement of Judgment Pending Appeal - Signed by Chief Judge Louise Wood Flanagan on 01/03/2011. Copies served electronically. (Baker, C.)
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Filing
30
ORDER STAYING CASE - All further proceedings with regard to the remaining duty to indemnify claim are hereby STAYED pending resolution of plaintiff's liability in Consolidation Coal Co. v. 3M Co., et al., No. 5:08-CV-463-FL. The court n otes that defendant has noticed an appeal of the court's judgment entered September 17, 2010. The stay of proceedings set forth in the instant order does not stay enforcement of the court's judgment pending appeal,and defendant has not requested such relief. The stay merely encompasses any proceedings directed at the still-pending duty to indemnify claim. Signed by Chief Judge Louise Wood Flanagan on 10/20/10. Copies served electronically. (Baker, C.)
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Filing
26
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered September 16, 2010, and for the reasons set forth more specifically therein, that plaintiff's motion for partial summary judgment is granted and defendant' ;s motion for partial summary judgment is denied. Defendants have an obligation to reimburse plaintiff for defense costs already incurred in Consolidation Coal Co. V. 3M Co., et al., No. 5:08-CV-463-FL (E.D.N.C.), and to assume the expense of plaintiff's defense going forward. Signed by Clerk of Court on 09/17/2010. Copies served electronically. (Baker, C.)
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Filing
25
ORDER granting 22 Motion for Leave to File a Sur-Reply; granting 14 Motion for Partial Summary Judgment; and, denying 18 Motion for Partial Summary Judgment. The Clerk is DIRECTED to issue judgment as to the duty to defend claim only. Finally, where it appears that the duty to indemnify claim cannot be adjudicated until there has been a finding of liability against plaintiff in the CERCLA Action, the parties are DIRECTED to show cause within twenty-one (21) days of entry of this order why further proceedings in this action should not be stayed pending resolution of plaintiff's liability in the CERCLA Action. Signed by Chief Judge Louise Wood Flanagan on 09/15/2010. Copies served electronically. (Baker, C.)
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