Pope et al v. The Glockner Ford Company et al, No. 0:2021cv00057 - Document 44 (E.D. Ky. 2022)
Court Description: MEMORANDUM OPINION & ORDER : 1) Deft' GEICO's 28 Motion for Judgment on the Pleadings is SUSTAINED; 2) Deft Zurich American's 29 MOTION for Judgment on the Pleadings is SUSTAINED; and 3) Pla's Complaint against GEICO and Zurich American be DISMISSED WITH PREJUDICE. This is an interlocutory and non-appealable Order. Signed by Judge Henry R. Wilhoit, Jr on 1/18/22.(JLS)cc: COR
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Pope et al v. The Glockner Ford Company et al Doc. 44 Case: 0:21-cv-00057-HRW Doc #: 44 Filed: 01/18/22 Page: 1 of 2 - Page ID#: 231 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION ASHLAND CASE NO. 21-57-HRW BRIAN POPE, CHRISTOPER POPE, SHELBY “TAYLOR” POPE, and VONNIE POPE as Next Friend of CARLY POPE, a Minor, v. PLAINTIFFS, MEMORANDUM OPINION AND ORDER THE GLOCKNER FORD COMPANY, ALEXANDER SCHUMAKH, JAMES R. FREELS, THE STANDARD FIRE INSURANCE COMPANY, GEICO ADVANTAGE INSURANCE COMPANY and ZURICH AMERICAN INSURANCE COMPANY, DEFENDANTS. This matter is before the Court upon Defendant GEICO Advantage Insurance Company’s Motion for Judgment on the Pleadings [Docket No. 28] and Defendant Zurich American Insurance Company’s Motion for Judgment on the Pleadings [Docket No. 29]. Both Defendants seek dismissal of Plaintiffs’ claims against them for Unfair Claims Settlement Practices Act, “bad faith,” punitive damages, and attorney’s fees. By Order entered on November 30, 2021, the undersigned sustained the Plaintiff’s second motion for an extension of time in which to respond to the pending motions and directed Plaintiffs to file their response no later than January 15, 2022. To date, no response has been filed. Dockets.Justia.com Case: 0:21-cv-00057-HRW Doc #: 44 Filed: 01/18/22 Page: 2 of 2 - Page ID#: 232 Accordingly, IT IS HEREBY ORDERED: 1) Defendant GEICO Advantage Insurance Company’s Motion for Judgment on the Pleadings [Docket No. 28] be SUSTAINED; 2) Defendant Zurich American Insurance Company’s Motion for Judgment on the Pleadings [Docket No. 29] be SUSTAINED; and 3) Plaintiffs’ Complaint against GEICO Advantage Insurance Company and Zurich American Insurance Company be DISMISSED WITH PREJUDICE. This in an interlocutory and non-appealable Order. This 18th day of January 2022.
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