Opinion
Case No. 3:08-cv-0711.
June 8, 2009
ORDER
For the reasons expressed in the accompanying memorandum, the motion to dismiss filed by the defendants Thomas C. McCord and Elaine E. McCord (Docket No. 45) is DENIED, and the motion for summary judgment filed by the plaintiff Assurance Company of America (Docket No. 52) is GRANTED with respect to all of the plaintiff's claims.
Additionally, the plaintiff's motion to strike the defendants' summary judgment sur-reply (Docket No. 75) is DENIED as moot, the defendants' motion to deem their additional statement of facts undisputed (Docket No. 80) is DENIED, and the defendants' motion in limine to exclude the plaintiff's rebuttal expert from testifying (Docket No. 85) is DENIED as moot.
It is so Ordered.