Liberty Surplus Insurance Corporation v. Century Surety Company et al
Liberty Surplus Insurance Corporation |
Century Surety Company, Descon Construction, L.P. and City of Edinburg |
4:2018cv01444 |
May 7, 2018 |
US District Court for the Southern District of Texas |
Houston Office |
XX US, Outside State |
Lee H Rosenthal |
Insurance |
28 U.S.C. ยง 1332 |
None |
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Filing 58 MEMORANDUM AND ORDER entered: Liberty's summary judgment motion is granted and denied in part. (Docket Entry Nos. 36, 41). The motion is granted to the extent that Liberty is not liable for stucco- or roof-replacement costs. The motion is den ied, without prejudice, as to Liberty's liability for ceiling-tile damages. Edinburg's cross-motion for summary judgment is denied, with prejudice, on coverage because the policies cover only ceiling-tile damages. (Docket Entry No. 45). Edinburg's cross-motion is denied, without prejudice, as to Liberty's liability for damaged ceiling tiles. Century's cross-motion for summary judgment is denied as moot. (Docket Entry No. 44). By August 9, 2019, the parties must joi ntly submit an amended scheduling and docket control order setting a schedule for discovery and summary judgment briefing on the limited issue of ceiling-tile damages, proposing a limited number of depositions and written interrogatories. The parties must appear for a status conference on August 23, 2019 at 2:00 p.m.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) |
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