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16-2986 - Libman v. Great Northern Insurance Company

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16-2986 - Libman v. Great Northern Insurance Company
March 29, 2017
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MEMORANDUM Opinion and Order: For the foregoing reasons, Great Northern's motion to dismiss, R. 6, is Agency Defendants' motion to dismiss, R. 38, is granted, and Count IV is dismissed without prejudice. As a result, the Agency DefendantsTA Cummings Jr. Co.; AssuredPartners, Inc.; and David Schwartz are dismissed from the case without prejudice. Great Northern's motion to strike, R. 5, is denied. Great Northern's motion to dismiss for failure to join, R. 4, is granted to the extent that Libman must seek to join Tami as a plaintiff to this action, but denied in that the Court will not dismiss the case due to Libman's failure to join Tami to this point. Libman should join Tami by April 28, 2017, otherwise the Court will reconsider dismissing the case entirely. Should Libman believe he can, consistent with Federal Rule of Civil Procedure 11, cure the deficiencies identified in this opinion, he may file a motion for leave to amend by April 28, 2017. The motion must attach a proposed amended complaint, and be supported by a brief of no more than five pages explaining how the proposed amendments address the Court's analysis in this opinion. Defendants should not respond to any such motion unless the Court so orders. If Libman does not file such a motion by April 28, 2017, the dismissal of Counts II, III, and IV will be with prejudice. A status hearing is set for May 3, 2017 at 9:00 a.m. TA Cummings Jr. Company, AssuredPartners, Inc. and David Schwartz terminated. Signed by the Honorable Thomas M. Durkin on 3/29/2017:Mailed notice(srn, )
February 15, 2018
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MEMORANDUM Opinion and Order: For the following reasons, the Libmans' motion for partial summary judgment 63 is denied and Great Northern's motion for summary judgment 65 is granted in part and denied in part. At the status hearing set for February 22, 2018, the Court will set a schedule for discovery, to the extent it is necessary. Plaintiffs are directed to file a status report by February 21, 2018. Signed by the Honorable Thomas M. Durkin on 2/15/2018:Mailed notice(srn, )