Politz et al v. Nationwide Mutual Fire Insurance Company et al, No. 1:2008cv00018 - Document 331 (S.D. Miss. 2009)

Court Description: OPINION AND ORDER DENYING NATIONWIDE MOTION IN LIMINE 278 AND DENYING PLAINTIFF'S MOTION IN LIMINE AS MOOT IN LIGHT OF THE ORDER 294 ENTERED ON THE PARTIES' MOTIONS 125 157 FOR ESTOPPEL. Signed by Senior Judge L. T. Senter, Jr, on 05/18/2009 (kbo)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JOHN POLITZ and HELEN POLITZ V. PLAINTIFFS CIVIL ACTION NO.1:08CV18 LTS-RHW NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, U.S. SMALL BUSINESS ADMINISTRATION, ET AL. DEFENDANTS OPINION AND ORDER DENYING NATIONWIDE MOTION IN LIMINE [278] AND DENYING PLAINTIFF S MOTION IN LIMINE [271] AS MOOT IN LIGHT OF THE ORDER [294] ENTERED ON THE PARTIES MOTIONS [125] [157] FOR ESTOPPEL The parties have both filed motions in limine asking the Court to exclude evidence that may be offered to support a finding that the damage to the insured property was caused 100% by the peril of wind or by storm surge flooding. These issues were decided in my ruling of May 11, 2009 (Docket Number 294), and that ruling will apply to the issues raised by these motions [278] [271]. Accordingly, it is ORDERED That the motion in limine filed by Nationwide [278] and the motion in limine [271] filed by the plaintiff are DENIED AS MOOT because the issues raised by these motions were decided in the opinion [294] entered on May 11, 2009. SO ORDERED this 18th day of May, 2009. s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE

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