Allied Trust Insurance Company v. Pellegrin et al, No. 2:2022cv02079 - Document 23 (E.D. La. 2022)
Court Description: ORDER AND REASONS granting 13 Motion to Dismiss. Defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) is granted and plaintiff's complaint is dismissed as moot. Signed by Judge Lance M Africk on 09/20/2022. (ko)
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Allied Trust Insurance Company v. Pellegrin et al Doc. 23 Case 2:22-cv-02079-LMA-KWR Document 23 Filed 09/20/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ALLIED TRUST INSURANCE COMPANY CIVIL ACTION VERSUS No. 22-2079 EDDIE PELLEGRIN, ET AL SECTION I ORDER & REASONS Before the Court is a motion1 by defendants, Chelsy and Eddie Pellegrin (“defendants”), to dismiss plaintiff Allied Trust Insurance Company’s (“plaintiff”) complaint 2 as moot, pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiff filed a response to defendants’ motion to dismiss on August 29, 2022, in which plaintiff stated that, “[b]ecause appraisal is now complete in this matter, [plaintiff] does not dispute that the issues raised in its Complaint for Declaratory Action have been resolved.” 3 Plaintiff’s response does not advance any arguments against, or in any way indicate opposition to granting defendants’ motion to dismiss. Accordingly, the Court considers the motion unopposed. Considering the foregoing, 1 R. Doc. No. 13. R. Doc. No. 1. Plaintiff’s complaint sought “a declaratory judgment and order recognizing its right to invoke Appraisal and Defendants’ obligation to fully cooperate with same[;]” “a declaratory judgment and order requiring Defendants to designate a competent, impartial, and disinterested Appraiser who is registered with the Louisiana Department of Insurance pursuant to La. R.S. §22:1807.1[;]” and “a declaratory judgment and order for the selection of an Appraisal Umpire.” Id. at ¶¶ 17–19. 3 R. Doc. No. 17, at 2. Plaintiff’s response also states that “the dispute over the amount of this loss was reasonable and was properly resolved in good faith.” Id. 2 1 Dockets.Justia.com Case 2:22-cv-02079-LMA-KWR Document 23 Filed 09/20/22 Page 2 of 2 IT IS ORDERED that defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) is GRANTED and plaintiff’s complaint is DISMISSED as MOOT. New Orleans, Louisiana, September 20, 2022. _______________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE 2
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