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13-3310 - Charla G Aldous PC et al v. Darwin National Assurance Company


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13-3310 - Charla G Aldous PC et al v. Darwin National Assurance Company
August 12, 2014
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Memorandum Opinion and Order denying 12 Plaintiffs' Motion to Remand. (Ordered by Judge Sam A Lindsay on 8/12/2014) (axm)
November 12, 2014
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 33 Amended MOTION to Dismiss and Brief in Support filed by Darwin National Assurance Company. (Ordered by Judge Sam A Lindsay on 11/12/2014) (jrr)
March 9, 2015
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ndant Darwin National Assurance Company's Cross-Motion for Summary Judgment 79, filed 10/30/2014. After careful consideration of the motions, briefs, replies, record, appendixes, and applicable law, the court grants in part and denies in part Plaintiffs' Motion for Partial Summary Judgment Against Darwin National Assurance Company, and grants in part and denies in part Defendant Darwin National Assurance Company's Cross-Motion for Summary Judgment. (Ordered by Judge Sam A Lindsay on 3/9/2015) (tlm) Modified on 4/24/2015 (ctf).***Section III(B)(1) and (2), and Section IV VACATED per 141 ORDER*** Memorandum Opinion and Order: Before the court is Plaintiffs' Motion for Partial Summary Judgment Against Darwin National Assurance Company 54, filed 8/29/2014; and Defe
April 24, 2015
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SUPPLEMENTAL MEMORANDUM OPINION AND ORDER: This supplemental opinion supersedes and vacates Section III(B)(1) and (2), and Section IV of the court's earlier filed Memorandum Opinion and Order (Doc. 106), filed 3/9/2015. This opinion clarifies and more accurately reflects the state of law as to Defendant's breach of contract claim and claim for money had and received. The parties are to inform the court by 5/1/2015, whether they have been able to resolve this action. (Ordered by Judge Sam A Lindsay on 4/24/2015) (ctf)
March 14, 2016
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MEMORANDUM OPINION AND ORDER: The Court denies 145 Plaintiff's Motion for Reconsideration of Summary Judgment on Darwin's Counterclaim of Money Had and Received and denies 148 Defendant's Motion for Reconsideration of a Portion of the Summary Judgment Ruling. The parties' 123, 127 Motions in Limine are denied as moot. Further, in light of the joint stipulation, Defendant's 140 Motion to Dismiss Misrepresentation Counterclaim is denied as moot. The parties are directed to submit a proposed judgment that effectuates the joint stipulation by 3/28/2016 at 5:00 p.m. (Ordered by Judge Sam A Lindsay on 3/14/2016) (axm)
March 31, 2016
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Memorandum Opinion and Order denying 159 Motion for Miscellaneous Relief. The court, therefore, determines that prejudgment interest accrual date in the proposed judgment is correct. Accordingly, the court will deny Plaintiffs' motion to reduce prejudgment interest, and prejudgment interest will be calculated from the date the counterclaim was filed, 8/16/2013, to the date of entry of the judgment. (Ordered by Judge Sam A Lindsay on 3/31/2016) (ykp)