Wills v. Encompass Insurance Company et al, No. 2:2020cv02150 - Document 71 (W.D. Ark. 2022)

Court Description: ORDER VACATING PRIOR OPINION PURSUANT TO MANDATE 70 , SETTING ASIDE 48 Order Denying motion to vacate; reopening case. (See Order for Specifics) Signed by Honorable Timothy L. Brooks on September 30, 2022. (lgd)

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Wills v. Encompass Insurance Company et al Doc. 71 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION PAUL I. WILLS V. PLAINTIFF CASE NO. 2:20-CV-2150 ENCOMPASS INSURANCE COMPANY and ENCOMPASS INDEMNITY COMPANY DEFENDANTS ORDER VACATING PRIOR OPINION PURSUANT TO MANDATE On September 29, 2022, the Court of Appeals for the Eighth Circuit issued the Mandate (Doc. 70) that followed from its September 6, 2022 Opinion and Order. (Doc. 70-2). On appeal, the Eighth Circuit rejected this Court’s conclusion (Doc. 48) that it lacked jurisdiction to vacate the state court’s summary judgment ruling, explaining that “the Rooker-Feldman doctrine does not apply to cases removed to federal court.” See Doc. 70-2, p. 5. The Eighth Circuit then considered and reversed the state court’s (preremoval) summary judgment ruling. See Doc. 70-2, pp. 5–6. On remand to this Court, Plaintiff’s breach of contract claim will now proceed on the merits. Accordingly, IT IS ORDERED that: (1) this Court’s opinion and order (Doc. 48) denying Defendants’ motion to vacate is hereby SET ASIDE; and (2) the summary judgment order (Doc. 13-1) issued on May 31, 2019, by the Circuit Court of Sebastian County, Arkansas, is hereby VACATED for the reasons stated by the Court of Appeals in its opinion at Document 70-2. A scheduling order will soon issue setting Plaintiff’s breach of contract claim for a jury trial. In the meantime, the Clerk of Court is DIRECTED to reopen the case. 1 Dockets.Justia.com IT IS SO ORDERED on this 30th day of September, 2022. ________________________________ TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE 2

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