Pennsylvania National Insurance Company v. Munford, et al. (JOINT ASSIGN)(MAG2)

Filing 62

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 60 recommendation is adopted; (2) Plf Pennsylvania National Insurance Company's 55 motion to deem requests for admissions admitted and for summary judgment is granted; (3) The facts and allegations contained in plf Pennsylvania National Insurance Company's requests for admission nos. 10 through 14 are deemed admitted as a matter of law; (3) Summary judgment is granted in f avor of plf Pennsylvania National Insurance Company with respect to the negligence claim against defendant James Munford only; (4) Judgment is entered for plf Pennsylvania National Insurance Company and against dft Munford in the amount of $495, 500.00 in subrogation damages on the negligence claim, plus interest and costs; Plf Pennsylvania National Insurance Company's other claims against dft Munford for breach of contract and breach of implied warranty of workmanship remain pending an d will proceed to trial; 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 11/20/2017. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
PENNSYLVANIA NATIONAL
INSURANCE COMPANY, as
subrogee of Goodson
Funeral Home, Inc.,

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Plaintiff,
v.
JAMES MUNFORD and JEFFREY
EASLEY,
Defendants.

CIVIL ACTION NO.
3:15cv154-MHT
(WO)

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

United

States

Magistrate

Judge's

recommendation (doc. no. 60) is adopted.
(2) Plaintiff
Company’s
admitted
granted.

motion
and

for

Pennsylvania
to

deem

summary

National

requests
judgment

for

(doc.

Insurance
admissions
no.

55)

is

(3) The
plaintiff

facts

and

Pennsylvania

allegations
National

contained

Insurance

in

Company’s

requests for admission nos. 10 through 14 are deemed
admitted as a matter of law.
(3)

Summary

judgment

is

granted

in

favor

of

plaintiff Pennsylvania National Insurance Company with
respect to the negligence claim against defendant James
Munford only.
(4) Judgment is entered for plaintiff Pennsylvania
National

Insurance

Company

and

against

defendant

Munford in the amount of $ 495,500.00 in subrogation
damages

on

the

negligence

claim,

plus

interest

and

costs.
Plaintiff Pennsylvania National Insurance Company’s
other claims against defendant Munford for breach of
contract and breach of implied warranty of workmanship
remain pending and will proceed to trial.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the
2

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is not closed.
DONE, this the 20th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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