Southern Pioneer Property & Casualty Insurance Company v. Bennett et al

Filing 24

FINAL JUDGMENT; In accordance with the Memorandum Opinion and Order entered this date, it is the ORDER, JUDGMENT and DECREE of the Court as follows:(1) It is DECLARED that plaintiff Southern Pioneer Property & Casualty Insurance Company ("Southe rn Pioneer") has no duty to defend the defendants in the matter of Jeffery Bennett v. Joseph Russell, et al., Civil Action No. CV-09-25, pending in the Circuit Court of Covington County, Alabama; (2) Plaintiff Southern Pioneer's request for a declaration that it has no duty to indemnify defendants for any liability that may result from the Bennett lawsuit is dismissed without prejudice; (3) Costs are TAXED in favor of plaintiff against defendants for which execution may issue; and (4) The Clerk of the Court is DIRECTED to enter this document on the civil docket sheet as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and to close this file. Signed by Hon. Chief Judge Mark E. Fuller on 7/27/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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S o u t h e r n Pioneer Property & Casualty Insurance Company v. Bennett et al D o c . 24 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION S O U T H E R N PIONEER PROPERTY & C A S U A L T Y INSURANCE COMPANY, Plaintiff, v. J E F F R E Y BENNETT, et al., D e f e n d a n ts . ) ) ) ) ) CASE NO. 2:09-cv-903-MEF-SRW ) ) (WO - DO NOT PUBLISH) ) ) FINAL JUDGMENT In accordance with the Memorandum Opinion and Order entered this date, it is the O R D E R , JUDGMENT and DECREE of the Court as follows: (1 ) It is DECLARED that plaintiff Southern Pioneer Property & Casualty Insurance C o m p a n y ("Southern Pioneer") has no duty to defend the defendants in the matter of Jeffery B e n n e tt v. Joseph Russell, et al., Civil Action No. CV-09-25, pending in the Circuit Court o f Covington County, Alabama; (2 ) Plaintiff Southern Pioneer's request for a declaration that it has no duty to in d e m n if y defendants for any liability that may result from the Bennett lawsuit is dismissed w ith o u t prejudice; (3 ) Costs are TAXED in favor of plaintiff against defendants for which execution may is s u e ; and (4) The Clerk of the Court is DIRECTED to enter this document on the civil docket -1- Dockets.Justia.com s h e e t as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and to close this file. D O N E this the 27th day of July, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE -2-

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