RICHARD ALAN ENSLEN, United States District Judge
In accordance with an Opinion filed this day,
IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment (Dkt. No. 50) is GRANTED as to Plaintiff's Counts I, II, III, IV, V, and VII.
IT IS FURTHER ORDERED that the parties provide additional briefing as to whether summary judgment is warranted on Count VI.
IT IS FURTHER ORDERED that Defendant Gulf Insurance submit a brief to the Court by FRIDAY, MAY 17, 2002 informing the Court whether it intended to seek summary judgment on Plaintiff's Count VI, and if so, making an argument why Defendant Gulf Insurance is entitled to summary judgment on this Count. Plaintiff shall respond to this brief by FRIDAY, MAY 31, 2002. Plaintiff may also argue in her response brief why she is entitled to summary judgment on Count VI if she believes that she is so entitled. Defendant may reply to Plaintiff's brief within fourteen days of the submission of Plaintiff's brief.
IT IS FURTHER ORDERED that Defendant Gulf Insurance submit a brief to the Court by FRIDAY, MAY 17, 2002 arguing whether there is an issue of material fact for trial on Plaintiff's affirmative defenses to a declaration that Gulf Insurance has satisfied its obligations with respect to Third-Party Defendant Cecil Hamlin. If Defendant Gulf Insurance concedes that there are issues of material fact necessitating a trial, Plaintiff need not respond to Defendant Gulf Insurance's brief, and the Court will place this matter back on the trial docket. If Defendant Gulf Insurance argues that there are no issues of material fact and summary judgment is appropriate as to its claim for declaratory judgment against Hamlin, Plaintiff and Cecil Hamlin shall respond in a brief by FRIDAY, MAY 31, 2002. Defendant Gulf Insurance may reply to Plaintiff's and Hamlin's briefs by FRIDAY, JUNE 14, 2002.
IT IS FURTHER ORDERED that Plaintiff/Counter-Defendant Joy Kline's Motion for Partial Summary Judgment (Dkt. No. 51) is DENIED.