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Genesis Insurance Co. v. Little Rock School District

United States District Court, E.D. Arkansas, Western Division

July 21, 2017

GENESIS INSURANCE COMPANY PLAINTIFF
v.
LITTLE ROCK SCHOOL DISTRICT DEFENDANT/ CROSS CLAIMANT SHERRY PETTY, Administrator of the Estate of Malik Lewis,

          ORDER

          D.P. Marshall Jr. United States District Judge.

         Genesis has responded to the Court's recent Order, Ne 30 at 4-5, with the attached letter. The Court will therefore dismiss the remaining counts without prejudice and enter judgment for Genesis and LRSD, using its own form.

         So Ordered.

         July 21, 2017

         Honorable D.P.Marshall, Jr., United States Distrct Judge, 600 West Capitol Avenue, Room B149, Little Rock, AR 72201

         Dear Judge Marshall:

         1 am one of the attorneys representing Genesis Insurance Company in connection with the above-captioned lawsuit, and am writing after having received and reviewed a copy of the Court's July 18, 2017, Order. In that Order, Your Honor indicated that, unless additional relief was requested by Genesis by July 28, 2017, the Court would dismiss the remaining counts of my client's Complaint without prejudice and enter Judgment. Based upon my review of the Court's Order, 1 believe that the ruling is dispositive of all the issues in this case. For this reason, Genesis has no objection to the Court dismissing the remaining counts without prejudice.

         On another note, I am enclosing with this correspondence a proposed Judgment that has been prepared by my co-counsel, Jerry Cordelli, which we hope embodies the Coun's prior ruling. I know from prior experience that some judges prefer to have the parties submit proposed precedents and that some judges prefer to prepare their own. Because I was not sure of Your Honor's preference, I thought it best to submit a proposed Judgment simply out of an abundance of caution.

         As always, the Court's many courtesies are truly appreciated. By copy of this correspondence, I am advising counsel of record of my communication with the Court.

         JUDGMENT ON PLAINTIFF'S COMPLAINT

         On December 5, 2016, Plaintiff Genesis Insurance Company ("Genesis") filed a Complaint for Declaratory Relief in the instant insurance coverage action. On March 22, 2017, Genesis filed Plaintiffs Motion for Judgment on the Pleadings ("Plaintiffs JOP Motion") and Brief In Support (Docket Nos. 19 and 20), seeking the entry of Judgment on the Pleadings as to Count One (No Present Obligation Under the Policy) and Count Two (No Waiver of Retained Limit Requirement) of the Complaint for Declaratory Relief. Defendant Sherry A. Petty, Administrator of the Estate of Malik Lewis, Deceased ("Petty"), the plaintiff in an underlying wrongful death action styled Sherry A. Petty On Behalf of the Estate of Malik Lewis, deceased v. Little Rock School District, currently pending in the Circuit Court of Pulaski County, Arkansas, and bearing Civil Action No. 60CV-13-951 (the "Petty Action"), and Separate Defendant the Little Rock School District ("District"), the Insured under a policy of insurance issued by Genesis (the "Policy") and also a defendant in the Petty Action, each filed their Responses to Plaintiffs JOP Motion and Briefs In Support (Docket Nos. 21-22 and 23-24, respectively). On July 18, 2017, this Court issued its Order (Docket No. 30) granting Plaintiffs JOP Motion pursuant to Federal Rules of Civil Procedure Rule 12(c). In the Order, the Court also granted Judgment on the Pleadings to the District on its Cross-Claim against Petty. As a result, no claims for relief remain pending herein.

         NOW, THEREFORE, FOR THE REASONS STATED IN THE JULY 18. 2017 ORDER, IT IS HEREBY ORDERED THAT:

         JUDGMENT is hereby entered in favor of Genesis Instirance Company as to Counts 1 and 2 of Plaintiffs' Complaint for Declaratory Relief. Counts 3 through 5 of Plaintiffs Complaint are dismissed without prejudice, as moot. By this Judgment, the Court hereby declares the rights and obligations of the parties under the Policy issued by Genesis to the District respecting the Petty Action, as follows:

(a) Genesis has no obligation to indemnify the District for any sums unless, and until, the District has paid $300, 000 in claim expenses and/or damages awarded in favor of Petty that the District is ...

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