Paragon Molding, Ltd. v. Safeco Ins. Co.

Full title: PARAGON MOLDING, LTD., Plaintiff, v. SAFECO INSURANCE CO., Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Feb 25, 2013

Case No. 3:05-cv-422 (S.D. Ohio Feb. 25, 2013)

Opinion

Case No. 3:05-cv-422

02-25-2013

PARAGON MOLDING, LTD., Plaintiff, v. SAFECO INSURANCE CO., Defendant.

WALTER H. RICE

JUDGE WALTER H. RICE

DECISION AND ENTRY DIRECTING COUNSEL TO SUBMIT A JOINT STATUS REPORT WITHIN TEN DAYS INDICATING WHICH MOTIONS, PREVIOUSLY OVERRULED WITHOUT PREJUDICE TO REFILING AFTER MEDIATION, REMAIN VIABLE AND, FOR THOSE DEEMED VIABLE, WHETHER ANY FURTHER BRIEFING IS DEEMED NECESSARY

On August 23, 2011, the Court overruled the following pending motions without prejudice to refiling if mediation efforts were unsuccessful:

• Plaintiff's Motion for Release of Funds (Doc. #187);
• Roy and Jimmie Rhodes' Motion for Disbursement of Funds (Doc. #189);
• Defendant's Motion for Partial Summary Judgment (Doc. #192);
• Defendant's Motion for Reconsideration of Order on Motion for Summary Judgment (Doc. #196);
• Plaintiff's Motion to Strike Affidavit of Michael Mills (Doc. #206);
• Defendant's Motion to Strike Affidavit of Don A. Little (Doc. #207); and
• Defendant's Motion to Strike Affidavits of Vicki Miller and Michael Werner (Doc. #219).

August 23, 2011, Decision and Entry (Doc. #242).

Although the parties later stipulated to the distribution of funds on deposit with the Clerk of Court, Doc. #256, and to the dismissal of all claims asserted by Roy Rhodes and Jimmie Rhodes, Doc. #257, the parties were unable to settle the remaining claims.

During a conference call held on January 9, 2013, the parties discussed Defendant's previously-filed Motion for Partial Summary Judgment and agreed to a supplemental briefing schedule with respect to that motion. The parties, however, did not discuss the status of the other motions that the Court had previously overruled without prejudice.

Accordingly, in order to ensure that the record is clear, counsel shall, within ten days of this Decision and Entry, submit a Joint Status Report indicating: (1) which of the previously-dismissed motions remain viable; and (2) for those that remain viable, whether any supplemental briefing is deemed necessary.

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WALTER H. RICE

UNITED STATES DISTRICT JUDGE