Cincinnati Insurance Company v. SunSouth Bank et al (JOINT ASSIGN)

Filing 34

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf Cincinnati Insurance Company's 29 motion to dismiss is granted; (2) Dfts Earle Yaffa and Ronald J. Weiss (as Executors of the Will of Joseph Flom), Jason Flom, El izabeth Yates, Herbert L. Graham, Dwight P. Wiles, NashYork, LLC, and Elliot H. Levine are dismissed from and terminated as parties to this action, with costs taxed as paid, pursuant and subject to the terms of the stipulations (doc. no. 29 -1) betw een them and plf Cincinnati Insurance Company. All claims against all other dfts remain; (3) The dismissal of dfts Earle Yaffa and Ronald J. Weiss (as Executors of the Will of Joseph Flom), Jason Flom, Elizabeth Yates, Herbert L. Graham, Dwight P. Wi les, NashYork, LLC, and Elliot H. Levine does not constitute an admission or acknowledgement of coverage by plf Cincinnati Insurance Company; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 11/16/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
CINCINNATI INSURANCE
COMPANY,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
SUNSOUTH BANK, et al.,
Defendants.

CIVIL ACTION NO.
1:15cv498-MHT
(WO)

JUDGMENT
Upon consideration of the record in this case, it
is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) Plaintiff Cincinnati Insurance Company’s motion
to dismiss (doc. no. 29) is granted.
(2) Defendants Earle Yaffa and Ronald J. Weiss (as
Executors

of

the

Will

of

Joseph

Flom),

Jason

Flom,

Elizabeth Yates, Herbert L. Graham, Dwight P. Wiles,
NashYork, LLC, and Elliot H. Levine are dismissed from
and terminated as parties to this action, with costs
taxed as paid, pursuant and subject to the terms of the

stipulations (doc. no. 29-1) between them and plaintiff
Cincinnati Insurance Company.

All claims against all

other defendants remain.
(3) The

dismissal

of

defendants

Earle

Yaffa

and

Ronald J. Weiss (as Executors of the Will of Joseph
Flom), Jason Flom, Elizabeth Yates, Herbert L. Graham,
Dwight P. Wiles, NashYork, LLC, and Elliot H. Levine
does not constitute an admission or acknowledgement of
coverage by plaintiff Cincinnati Insurance Company.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is not closed.
DONE, this the 16th day of November, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

Civil