October 30, 2024
ShareKelley Kronenberg Secures Dismissal with Prejudice in Western District of Louisiana
Kelley Kronenberg Partner Jeanne Arceneaux secured a significant victory for Allied Trust Insurance Company in the Western District of Louisiana. The Honorable Judge James D. Cain, Jr. granted a Motion to Dismiss with prejudice pursuant to Federal Rule of Civil Procedure 41(b).
The case arose from Hurricane Laura/Hurricane Delta claims, where Plaintiff alleged substantial damages including bad faith penalties, attorney’s fees, and excessive contractual damages. Under the Court’s Case Management Order (CMO), specific protocols were established for expedited discovery and streamlined settlement procedures.
Despite Allied Trust’s numerous attempts over eight months to engage in meaningful discussions with Plaintiff’s counsel, these efforts were unsuccessful. The situation came to a head when both Plaintiff and Plaintiff’s counsel failed to appear at the court-ordered mediation scheduled for June 12, 2024. In granting Allied’s Motion to Dismiss for failure to prosecute, Judge Cain specifically found that “Plaintiff has willingly chosen not to pursue this matter and had failed to comply with this Court’s orders.”
This successful outcome demonstrates the importance of strategic case management and strong client relationships. Partner Jeanne Arceneaux worked closely with Paula Maisel of Allied Trust Insurance Company, whose involvement was instrumental in the strategic timing and preparation of the motion. This collaboration exemplifies how effective partnerships between adjusters and attorneys can lead to optimal results for our clients.
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