Scott et al v. Lifesecure Insurance, No. 2:2015cv00197 - Document 46 (D. Utah 2016)
Court Description: MEMORANDUM DECISION AND ORDER-IT IS HEREBY ORDERED, for the reasons stated on the record, that plaintiffs' Motion for Summary Judgment 30 is DENIED, defendant's Cross Motion for Summary Judgment 36 is GRANTED and defenda nts Motion to Exclude the Expert Opinion of Kenneth Hooper 33 is MOOT. As a result of plaintiffs breach of contract claim and breach of the implied covenant of good faith and fair dealing claim being dismissed, plaintiffs third and final cause of action for injunctive relief on the same set of facts cannot prevail and is also DISMISSED. The clerk of court is directed to enter judgment in favor of defendants and close the case. Signed by Judge Clark Waddoups on 9/12/16. (jmr)
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Scott et al v. Lifesecure Insurance Doc. 46 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION MARK SCOTT, an individual; and MERRILEE SCOTT, an individual; Plaintiffs, MEMORANDUM DECISION AND ORDER v. LIFESECURE INSURANCE COMPANY, a Michigan corporation; Case No. 2:15-cv-00197 Judge Clark Waddoups Defendant. This matter is before the court on plaintiffs’ Motion for Summary Judgment (Dkt. No. 30), defendant’s Cross Motion for Summary Judgment (Dkt. No. 36), and defendant’s Motion to Exclude the Expert Opinion of Kenneth Hooper. (Dkt. No. 33). A hearing on the motions was held before the Honorable Clark Waddoups on September 7, 2016. Kevin West and Nicholas Frandsen appeared on behalf of plaintiffs and Timothy Daniels and Noah Hoagland appeared on behalf of defendant. After due consideration of the parties’ filings and oral arguments, and otherwise being fully advised, IT IS HEREBY ORDERED, for the reasons stated on the record, that plaintiffs’ Motion for Summary Judgment (Dkt. No. 30) is DENIED, defendant’s Cross Motion for Summary Judgment (Dkt. No. 36) is GRANTED and defendant’s Motion to Exclude the Expert Opinion of Kenneth Hooper (Dkt. No. 33) is MOOT. As a result of plaintiffs’ breach of contract claim and breach of the implied covenant of good faith and fair dealing claim being dismissed, plaintiffs’ third and final cause of action for injunctive relief on the same set of facts Dockets.Justia.com cannot prevail and is also DISMISSED. The clerk of court is directed to enter judgment in favor of defendants and close the case. SO ORDERED this 12th day of September, 2016. BY THE COURT: ______________________________ Clark Waddoups United States District Court Judge
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