Wildfire Group, LLC v. Prime Insurance Company

Filing 92

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 79 recommendation is adopted. (2) Plaintiff Wildfire Group LLC's 64 motion for partial summary judgment is granted to the extent that the following declaratory judgment is entered: It is DECLARED that the trust agreement between the parties does not obligate defendant Prime Insurance Company to authorize a disbursement of trust funds to plaintiff Wildfire Group LLC for the approximately $ 278,400.00 plaintiff Wildfire Group LLC contributed to the trust after December 9, 2011. (3) Plaintiff Wildfire Group LLC's 64 motion for partial summary judgment is denied in all other respects. (4) Defendant Prime Insurance Company's 67 motion for summary judgment is granted. (5) Judgment is entered in favor of defendant Prime Insurance Company and against plaintiff Wildfire Group LLC on its remaining claims, with plaintiff Wildfire Group LLC taking not hing by its remaining claims. Each party shall bear its own costs. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/9/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WILDFIRE GROUP LLC,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
PRIME INSURANCE COMPANY,
Defendant.

CIVIL ACTION NO.
1:12cv847-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 79) is adopted.
(2) Plaintiff

Wildfire

Group

LLC’s

motion

for

partial summary judgment (doc. no. 64) is granted to
the extent that the following declaratory judgment is
entered:

It

is

DECLARED

that

the

trust

agreement

between the parties does not obligate defendant Prime
Insurance Company to authorize a disbursement of trust
funds

to

plaintiff

Wildfire

Group

LLC

for

the

approximately $ 278,400.00 plaintiff Wildfire Group LLC
contributed to the trust after December 9, 2011.
(3)

Plaintiff

Wildfire

Group

LLC’s

motion

for

partial summary judgment (doc. no. 64) is denied in all
other respects.
(4) Defendant Prime Insurance Company’s motion for
summary judgment (doc no. 67) is granted.
(5) Judgment is entered in favor of defendant Prime
Insurance Company and against plaintiff Wildfire Group
LLC on its remaining claims, with plaintiff Wildfire
Group LLC taking nothing by its remaining claims.
Each party shall bear its own costs.
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 closed.
DONE, this the 9th day of February, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Civil