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17-133 - Waters et al v. AIG Claims, Inc. et al(MAG2)


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17-133 - Waters et al v. AIG Claims, Inc. et al(MAG2)
January 24, 2018
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MEMORANDUM OPINION AND ORDER: It is ORDERED that Plaintiffs' 66 Motion for Leave to File a Second Amended Complaint is GRANTED and DENIED as further set out in the opinion and order. Plaintiffs shall file a second amended complaint that complies with the directives of this order no later than 2/7/2018, and Defendants shall answer or otherwise respond to Plaintiffs' amended complaint no later than 2/21/2018. Because Plaintiffs have withdrawn their motion for summary judgment, as discussed below, it is ORDERED that Plaintiffs' motion to lift stay (Doc. 59 is DENIED AS MOOT to the extent it seeks to lift the stay on the briefing of Plaintiffs motion for summary judgment and DENIED in all other respects because Plaintiffs have not demonstrated that lifting the stay of the Rule 26 deadlines and all discovery is warranted. Once Plaintiffs file their second amended complaint and Defendants answer that complaint, the undersigned will evaluate whether to lift the stay so that discovery maycommence. Plaintiffs have requested to withdraw their motion for sanctions against AIG and National Union. See Doc. 67 at 6. In accordance with that request, it is ORDERED that Plaintiffs motion for sanctions (Doc. 60) is WITHDRAWN. With respect to Plaintiffs motion for limited discovery, that motion (Doc. 60) is DENIED in light of the rulings made in this opinion and order. In light of the above, the Clerk of Court is DIRECTED to terminate Plaintiffs motion for sanctions and for limited discovery (Doc. 60) as a pending motion. Plaintiffs also have requested to withdraw their pending motion for summary judgment. See Doc. 67 at 6. Accordingly, pursuant to this request, it is ORDERED that Plaintiffs motion for summary judgment (Doc. 37) is WITHDRAWN, and the Clerk of Court is DIRECTED to terminate that motion. Defendants pending motions for summary judgment (Docs. 35 & 36) are DENIED AS MOOT in light of the rulings made in this opinion and order with leave to refile following the filing of Plaintiffs second amended complaint. Plaintiffs' motion for hearing (Doc. 73) is DENIED AS MOOT. From this point forward, it is ORDERED that all motions filed in this matter shallindicate in either the style or the caption of the motion whether the motion is opposed or unopposed. A party may represent to the court whether a motion is opposed or unopposed only after contacting opposing counsel in person or by telephone and obtaining his or her approval to file the motion as opposed or unopposed.Signed by Honorable Judge Gray M. Borden on 1/24/2018. (Attachments: # (1) Civil Appeals Checklist)(dmn, )