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14-110 - Nationwide Mutual Insurance Company v. Nall's Newton Tire


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14-110 - Nationwide Mutual Insurance Company v. Nall's Newton Tire
August 7, 2014
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ORDER GRANTING Nationwide Mutual Insurance Company's 19 Motion to Amend Counterclaim as set out. Signed by Judge Callie V. S. Granade on 8/7/2014. (tot)
August 11, 2015
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ORDER GRANTING Plf's 68 Motion to Strike in part as set out. The Court STRIKES portions of the 62 Affidavits of Freddie Webb & Andy Renner as set out. In all other respects, the Plf's 68 Motion to Strike is DENIED. Signed by Judge Callie V. S. Granade on 8/11/2015. (tot)
August 12, 2015
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ORDER DENYING Dft's 81 Motion to Exclude Expert Testimony of Bryan Cash & Jeb Harrison as set out. Signed by Judge Callie V. S. Granade on 8/12/2015. (tot)
August 13, 2015
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ORDER, Nationwide Mutual Insurance Company's 50 Motion for Summary Judgment is GRANTED in part to the extent that summary judgment is granted in favor of Nationwide on Nall's Newton Tire's counterclaim for bad faith as set out, but DENIED as to Nationwide's declaratory complaint & Nall's Newton Tire's counterclaim for breach of contract as set out. Signed by Judge Callie V. S. Granade on 8/13/2015. (tot)
December 7, 2015
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ORDER, 128 MOTION for New Trial or, Alternatively, for Remittitur filed by Nationwide Mutual Insurance Company is GRANTED to the extent that the damage award in this case is reduced to $318,500.00. 130 Motion to Tax Costs & Prejudgment Interest filed by Nall's Newton Tire is GRANTED in part to the extent that Nall's Newton Tire is granted 6% prejudgment interest from 8/15/13 through the date of judgment & costs are taxed in the amount of $5,344.67 as set out. (The motion is DENIED in part to the extent that the prejudgment interest applies only to the reduced damage award and $398.60 is excluded from the claimed costs.) Nall's Newton Tire is to file a proposed Final Judgment consistent w/this order NLT 12/11/15. 138 Motion for Reconsideration filed by Nationwide Mutual Insurance Company is DENIED as set out. Signed by Judge Callie V. S. Granade on 12/7/2015. (tot)
December 10, 2015
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JUDGMENT in favor of Dft Nall's Newton Tire on its counter-claim for breach contract damages against Nationwide Mutual Insurance Company in the amount of $318,500.00 in damages plus 6% pre-judgment interest on that award since 8/15/13 through the date of this final judgment & costs in the amount of $5,344.67. Post judgment interest is awarded at the statutory rate of.54% as set out. Plf's claim for declaratory relief is DISMISSED w/PREJUDICE. Judgment is entered in favor of Nationwide Mutual Insurance Company & against Nall's Newton Tire on Nall's Newton Tire's counterclaim for bad faith. Signed by Judge Callie V. S. Granade on 12/10/2015. (tot)
January 4, 2016
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ORDER, Dft's 145 Motion for Order to Clerk's Office to Endorse Over Partial Payment of Judgment is DENIED as MOOT as set out. Dft's 144 Motion to Issue Second Check to Satisfy Judgment is deemed MOOT as set out. The Clerk is directed to disburse the $362,119.97 in funds to defense counsel as set out. Signed by Judge Callie V. S. Granade on 1/4/2016. (copy to finance) (tot)