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United States District Court for the Southern District of Mississippi, Eastern Division
November 4, 2020, Decided; November 4, 2020, Filed
CIVIL ACTION NO. 2:20-cv-00087-KS-MTP
MEMORANDUM OPINION AND ORDER
This cause came before the Court on the Motion to Dismiss the Complaint  filed by Defendant Travelers Casualty Insurance Company of America ("Travelers"). Plaintiff Real Hospitality, LLC has responded [*2] , and Travelers replied . Having reviewed the parties' submissions, the Plaintiff's Class Action Complaint , the insurance policy, and the relevant legal authorities, and otherwise being duly advised in the premises, the Court finds, for the reasons stated below, that the motion will be granted and the Complaint dismissed.
Because this comes before the Court on a Motion to Dismiss, we look to the allegations of the Complaint. Plaintiff alleges as follows:
A. Allegations Regarding the Pandemic and Executive Orders
On March 11, 2020, the World Health Organization Director General Tedros Adhanom Ghebreysus declared the COVID-19 outbreak a worldwide pandemic. at ¶ 1. Thereafter, the President of the United States, the Centers for Disease Control and Prevention, and a national Coronavirus Task Force issued guidance to help stop the spread of COVID-19. at ¶ 2. Following such guidance, many local and state government administrations across the nation recognized the need to take measures to protect the health and safety of their residents. at ¶ 3. Because recommendations have proven ineffective to minimize the spread of COVID-19, containment efforts have resulted [*3] in civil authorities issuing orders closing non-essential business establishments, including restaurants, bars, hotels, theaters, personal care salons, gyms, and schools and mandating social distancing among the population. at ¶ 21.
Plaintiff is a Mississippi corporation doing business in Hattiesburg, Mississippi. at ¶ 13. On March 18, 2020, Hattiesburg Mayor Toby Barker issued an executive order restricting operating times for all restaurants within Hattiesburg, and on March 21, 2020, he issued another executive order closing all dine-in services at Hattiesburg restaurants. at ¶ 35; [10-2] at pp. 2, 3.1 On March 24, 2020, Governor Tate Reeves issued an executive order, likewise restricted restaurant operations by suspending all dine-in services. at ¶ 36; [10-2] at p. 4.2 Other similar orders have been issued that close or restrict all non-essential business operations or prohibit public access to the property of non-essential businesses. at ¶ 37. As a direct result of the governmental orders and the COVID-19 pandemic, Plaintiff has been forced to close its premises, suspend business operations, and furlough employees. at ¶ 39.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2020 U.S. Dist. LEXIS 208599 *; __ F. Supp. 3d __; 2020 WL 6503405
REAL HOSPITALITY, LLC d/b/a ED'S BURGER JOINT, PLAINTIFF v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, DEFENDANT
coverage, physical loss, extra expense, Restoration, virus, premises, alleges, described premises, property damage, restaurant, suspension, motion to dismiss, insurance policy, physical damage, permanent, pandemic, repaired, insured, phrases, executive order, provisions, resumed, orders