Dean Foods Company v. Continental Casualty Company

Full title: DEAN FOODS COMPANY, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, Defendant

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Oct 25, 2005

Civil Action No. 3:04-CV-1703-K (N.D. Tex. Oct. 25, 2005)

Opinion

Civil Action No. 3:04-CV-1703-K.

October 25, 2005

ORDER

ED KINKEADE, District Judge

Before the Court are: (1) Defendant's Motion for Summary Judgment, (2) Plaintiff's Motion for Partial Summary Judgment, (3) Defendant's Motion to Strike Plaintiff's Summary Judgment Evidence, (4) Plaintiff's Motion to Strike Defendant's Supplemental Expert Witness Designation, and (5) Defendant's Motion for Pre-Trial Determination of Burden of Proof. The Court DENIES Defendant's Motion for Summary Judgment, Defendant's Motion to Strike Plaintiff's Summary Judgment Evidence, and Plaintiff's Motion to Strike Defendant's Supplemental Expert Witness Designation. With respect to Plaintiff's Motion for Partial Summary Judgment, the Court GRANTS the motion only as to the determination that any prejudice Defendant may have suffered is a fact issue to be decided by a jury. Any other relief requested in Plaintiff's motion for partial summary judgment is denied. As for Defendant's Motion for Pre-Trial Determination of Burden of Proof, the Court concludes it is Defendant's burden of proof to establish it suffered prejudice, if any, from Plaintiff's actions or inactions.

SO ORDERED.