Opinion
1:02CV00576
March 18, 2004
ORDER and JUDGMENT
For the reasons stated on the record in open court on March 16, 2004,
IT IS ORDERED that Plaintiff's motion [Doc. #93] to reconsider and amend or rescind, or in the alternative, amend the order and judgment dated January 5, 2004 and enter a stay of proceedings to allow for immediate appeal pursuant to 28 U.S.C. § 1292 (b) is DENIED.
IT IS FURTHER ORDERED that Plaintiff's motion [Doc. # 81] for summary judgment against Defendant United National Insurance Company is DENIED.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant United National Insurance Company's motion [Doc. # 79] for summary judgment is GRANTED as to Plaintiff's claim for negligence against Defendant United National Insurance Company. Defendant United National Insurance Company's motion [Doc. # 79] for summary judgment is DENIED as to Plaintiff's claims for breach of contract, bad faith, and unfair and deceptive trade practices in violation of N.C. Gen. Stat. § 75-1.1 et seq. against Defendant United National Insurance Company.
IT IS FURTHER ORDERED that Defendant United National Insurance Company's objections [Doc. # 98] to affidavit of Steven Nash are DENIED as moot.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant Gallagher Bassett Services, Inc.'s motion [Doc. # 77] for summary judgment is GRANTED as to Plaintiff's claim for negligence against Defendant Gallagher Bassett Services, Inc. Defendant Gallagher Bassett Services, Inc.'s motion [Doc. # 77] for summary judgment is DENIED as to Plaintiff's claims for breach of contract, bad faith, and unfair and deceptive trade practices in violation of N.C. Gen. Stat. § 75-1.1 et seq. against Defendant Gallagher Bassett Services, Inc.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant The Travelers Indemnity Company's motion [Doc. # 74] for summary judgment is GRANTED, and this action is DISMISSED with prejudice as to Defendant The Travelers Indemnity Company.
IT IS FURTHER ORDERED that Defendant The Travelers Indemnity Company's objections [Doc. # 96] to affidavit of Steve Nash are DENIED as moot.
IT IS FURTHER ORDERED that Plaintiff's motion [Doc. # 87] for extension of time to respond to Defendant The Travelers Indemnity Company's motion for summary judgment is DENIED as moot.
IT IS FURTHER ORDERED that Defendant The Travelers Indemnity Company's motion [Doc. # 100] to strike Plaintiff's opposition to Defendant The Travelers Indemnity Company's motion for summary judgment or in the alternative respond to Plaintiff's opposition is DENIED as moot.
IT IS FURTHER ORDERED that Plaintiff's motion [Doc. # 108] to strike Travelers' motion to strike filed February 9, 2004, is DENIED as moot.
IT IS FURTHER ORDERED that Defendant United National Insurance Company's motion [Doc. # 103] for leave to amend to file an amended counterclaim is DENIED.