LIBERTY INSURANCE UNDERWRITERS, INC., V. BEAUFURN, LLC, ET AL.
| LIBERTY INSURANCE UNDERWRITERS, INC. |
| BEAUFURN, LLC, THE CINCINNATI INSURANCE COMPANY and DOES |
| RICHARD T. BOYETTE |
| 1:2016cv01377 |
| December 1, 2016 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| XX US, Outside State |
| L. PATRICK AULD |
| WILLIAM L. OSTEEN |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
130
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/25/2021, that the Second Motion (Docket Entry 110 ) is GRANTED IN PART, such that (A) Plaintiff may not pursue an equitable- subrogation claim a gainst Defendant based on or introduce evidence to support a joint-tortfeasor apportionment theory (as presented in the second part of Plaintiff's "Computation of Damages" (Docket Entry 104 -4 at 78)), and (B) must pay Defendant 9;s reasonable expenses, including attorney's fees, caused by Plaintiff's failure to comply with the Court's order requiring Defendant to properly supplement its initial disclosure regarding its damages computation, and DENIED IN PAR T AS MOOT, as to the remaining requests for relief therein. FURTHER that the First Motion (Docket Entry 90 ) is DENIED AS MOOT. FURTHER that, on or before June 1, 2021, Defendant shall serve Plaintiff with a statement of the reasonable expenses, i ncluding attorney's fees, caused by Plaintiff's failure to comply with the Court's prior order requiring Plaintiff to properly supplement its initial disclosure regarding its damages computation. Failure by Defendant to comply with this order shall result in the denial of any expense-shifting. FURTHER that, on or before June 15, 2021, Plaintiff shall file EITHER (A) a notice agreeing to pay the expenses claimed by Defendant in the statement served on Plaintiff, OR (B) a memor andum of no more than five pages contesting the reasonableness of the amount of expenses claimed by Defendant, along with a certification that counsel for Plaintiff, on or before June 8, 2021, served a written summary of any objections to the reas onableness of the expenses claimed by Defendant on counsel for Defendant and that counsel for Plaintiff thereafter consulted in good faith with counsel for Defendant via telephone or in-person about those objections but the parties failed to reach agreement about the amount of Defendant's reasonable expenses. FURTHER that, on or before June 22, 2021, Defendant shall file any response of no more than five pages to any memorandum timely filed by Plaintiff. Failure by Defendant to comply w ith this order shall result in the denial of an award of any expenses contested by Plaintiff in its memorandum. FURTHER that, on or before June 29, 2021,Plaintiff may file any reply of no more than three pages to any response timely filed by Defendant.(Taylor, Abby)
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Filing
106
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 02/22/2021, that the Magistrate Judge's Recommendation, (Doc. 99 ), is ADOPTED. FURTHER that Defendant's Motion to Compel Deposition Testimony and Motion fo r Sanctions, (Doc. 94 ), is DENIED and that Defendant and its counsel shall show cause why they should not "pay [Plaintiff] its reasonable expenses incurred in opposing the [instant M]otion, including attorney's fees," Fed. R. Civ. P. 37(a)(5)(B).(Taylor, Abby)
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Filing
99
MEMORANDUM OPINION AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 01/19/2021, that (A) the instant Motion (Docket Entry 94 ) be denied, and (B) Defendant and its counsel be made to show cause why they should not "pay [Plaintiff] its reasonable expenses incurred in opposing the [instant M]otion, including attorney's fees," Fed. R. Civ. P. 37(a)(5)(B).(Taylor, Abby)
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Filing
84
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/10/2020, that Defendant's Motion for Partial Reconsideration, (Doc. 79 ), is DENIED.(Taylor, Abby)
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Filing
76
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 09/23/2019, that Plaintiff's Motion for Partial Summary Judgment, (Doc. 65 ), is GRANTED IN PART AND DENIED IN PART, in that the motion is GRANTED as to all sales conducted pursuant to purchase orders dated prior to or on January 15, 2007, and DENIED as to all sales conducted pursuant to purchase orders dated after January 15, 2007. FURTHER ORDERED that Defendant Beaufurn, LLC's Motion for Summary Judgment, (Doc. 63 ), is GRANTED IN PART AND DENIED IN PART, in that the motion is DENIED as to all sales conducted pursuant to purchase orders dated prior to or on January 15, 2007, GRANTED as to all sales conducted pursuant to purchase orders dated after January 15, 2007, and DENIED as to Plaintiff's Third Cause of Action. FURTHER ORDERED that the Seventh, Eighth and Ninth Causes of Action are hereby DISMISSED. A partial judgment reflecting this memorandum opinion andorder will be entered contemporaneously herewith.(Taylor, Abby)
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