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Memorandum Opinion and Order
Pending before the court is Coloplast Corp.’s Motion to Dismiss on the Pleadings [ECF No. 11]. The plaintiffs responded [ECF No. 16] and Coloplast Corp. replied [ECF No. 17] making the Motion ripe for adjudication. For the reasons set forth below, the Motion is GRANTED in part and DENIED in part.
Memorandum Opinion and Order
Pending before the court is Coloplast Corp.’s Motion to Dismiss on the Pleadings [ECF No. 10]. The plaintiff responded [ECF No. 15] and Coloplast Corp. replied [ECF No. 16] making the Motion ripe for adjudication. For the reasons set forth below, the Motion is GRANTED in part and DENIED in part.
Memorandum Opinion and Order
Pending before the court is Coloplast Corp.’s Motion to Dismiss on the Pleadings [ECF No. 14]. The plaintiff responded [ECF No. 18] and Coloplast Corp. replied [ECF No. 19] making the Motion ripe for adjudication. For the reasons set forth below, the Motion is GRANTED in part and DENIED in part.
Memorandum Opinion and Order
Pending before the court are the plaintiff Arch Insurance Company’s Motion for Summary Judgment [ECF No. 94] (“Arch’s Motion”), the plaintiff Steadfast Insurance Company’s Motion for Summary Judgment [ECF No. 92] (“Steadfast’s Motion”; together, with Arch’s Motion, “the plaintiffs’ Motions”), and the defendants Berkley National Insurance Company and Stric-Lan Companies, LLC’s Motion for Summary Judgment [ECF No. 89] (“the Defendants’ Motion”). The parties have fully briefed each motion, and the matter is ripe for adjudication. For the following reasons, the court GRANTS the plaintiffs’ Motions in part and DENIES the plaintiffs’ Motions in part. The Defendants’ Motion is DENIED.
Memorandum Opinion and Order
(Order re: Ethicon's Motion to Dismiss Spoliation Claims)
Pending before the court is the defendants’ Motion to Dismiss Cause of Action for Intentional Spoliation of Evidence [ECF No. 892]. The plaintiffs’ filed a Response [ECF No. 933], and the defendants filed a Reply [ECF No. 991]. The Motion is now ripe for adjudication, and for the reasons provided below, the Motion is GRANTED.
Order
Pending before the court is the defendant Milton Moody’s Partial Motion to Dismiss for Insufficient Service of Process [ECF No. 8], filed on September 1, 2016. This action was removed to federal court on July 28, 2016. Notice of Removal [ECF No. 1]. On August 4, 2016, the plaintiff filed her Motion to Remand [ECF No. 5], which was denied by the court’s September 21, 2016, Memorandum Opinion & Order [ECF No. 23].
Order
(Order re: Motion for Sanctions for Spoliation)
Pending before the court is the plaintiff’s Motion for Sanctions for the Spoliation of William Martin’s Custodial File [ECF No. 124], which was filed on April 4, 2016. For the reasons given below, the plaintiff’s Motion is DENIED.
Memorandum Opinion and Order
Pending before the court are the plaintiff’s Motion to Dismiss the Counterclaims [ECF No. 7], the plaintiff’s Motion to Remand [ECF No. 9] to the Circuit Court of Kanawha County, West Virginia, and the defendant’s Motion to Dismiss and Compel Arbitration [ECF No. 11]. The plaintiff submitted supplemental briefing on the existence of subject matter jurisdiction. Suppl. Br. [ECF No. 13]. For the reasons set forth below, the plaintiff’s Motion to Remand is DENIED, defendant’s Motion to Dismiss and Compel Arbitration is GRANTED, and the plaintiff’s Motion to Dismiss the Counterclaims is DENIED as moot. Accordingly, this matter is DISMISSED with prejudice and the parties are COMPELLED to arbitrate in South Africa under South African Law.
Memorandum Opinion and Order
(Cross-Motions for Summary Judgment)
Pending before the court is the plaintiff BrickStreet Mutual Insurance Company’s (“BrickStreet”) Motion for Summary Judgment [ECF No. 24] and the defendant Zurich American Insurance Company’s (“Zurich”) Motion for Summary Judgment [ECF No. 26]. For the reasons herein, BrickStreet’s Motion for Summary Judgment is GRANTED and Zurich’s Motion for Summary Judgment is DENIED.
Order
Pending before the court is the plaintiff’s Unopposed Motion to Alter or Amend Judgment and for Leave to File First Amended Complaint [ECF No. 56], filed on August 26, 2016. The plaintiff filed its Unopposed Motion pursuant to Rule 59(e) and Rule 15(a) of the Federal Rules of Civil Procedure. The plaintiff requests the court to alter or amend its August 18, 2016, Memorandum Opinion & Order [ECF No. 52] (“Order”) and Judgment Order [ECF No. 53] to permit the plaintiff to file an amended complaint.