Atlantic Casualty Insurance Company v. Pellerin et al

Filing 24

DEFAULT JUDGMENT, Plaintiff Atlantic Casualty Insurance Company's Motion for Entry of Default Judgment Against Defendants 23 is granted; the Scheduling Conference set for 7/27/15 is vacated; a default declaratory judgment is entered in favor o f Plaintiff Atlantic Casualty Insurance Company and against Defendants Gary Pellerin and Debra Pellerin, Arizona Retreaders, Inc, Chad Pellerin and Jane Doe Pellerin, Jason Pellerin and Jane Doe Pellerin d/b/a AAA Tire & Wheel Centers, LLC, AAA Tire & Wheel Centers, LLC, Andrea J Ghigo, Adam Ghigo, and Allstate Insurance Company as follows; (1) the Plaintiff's commercial general liability insurance policy, number M122000074 with effective dates of 9/22/01 to 9/22/12, issued to its insured, Arizona Retreaders, Inc, does not provide any insurance coverage for the allegations contained in the litigation in the Maricopa County Superior Court, No. CV2014-050180, brought by Andrea J Ghigo, Adam Ghigo and Allstate Insurance Company against Ga ry Pellerin and Debra Pellerin, Arizona Retreaders, Inc, Chad Pellerin and Jane Doe Pellerin, Jason Pellerin and Jane Doe Pellerin d/b/a AAA Tire & Wheel Centers, LLC, and AAA Tire & Wheel Centers, LLC, and the Plaintiff has no duty to defend or indemnify its insureds in that litigation; (2) the Parties shall bear their own attorneys' fees and costs incurred in this matter. Signed by Senior Judge Paul G Rosenblatt on 7/20/15. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Atlantic Casualty Insurance
Company,
Plaintiff,

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vs.
Gary Pellerin and Debra Pellerin, et
al.,

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Defendants.
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No. CV-15-00091-PHX-PGR
DEFAULT JUDGMENT

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IT IS ORDERED that the plaintiff Atlantic Casualty Insurance Company’s

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Motion for Entry of Default Judgment Against Defendants (Doc. 23) is granted

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pursuant to Fed.R.Civ.P. 55(b)(2).

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IT IS FURTHER ORDERED that the Scheduling Conference set for July 27,
2015 is vacated.

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IT IS FURTHER ORDERED that a default declaratory judgment is entered in

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favor of plaintiff Atlantic Casualty Insurance Company and against defendants Gary

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Pellerin and Debra Pellerin, Arizona Retreaders, Inc., Chad Pellerin and Jane Doe

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Pellerin, Jason Pellerin and Jane Doe Pellerin d/b/a AAA Tire & Wheel Centers,

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LLC, AAA Tire & Wheel Centers, LLC, Andrea J. Ghigo, Adam Ghigo, and Allstate

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Insurance Company as follows:

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(1) The plaintiff’s commercial general liability insurance policy, number

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M122000074 with effective dates of September 22, 2001 to September 22, 2012,

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issued to its insured, Arizona Retreaders, Inc., does not provide any insurance

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coverage for the allegations contained in the litigation in the Maricopa County

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Superior Court, No. CV2014-050180, brought by Andrea J. Ghigo, Adam Ghigo and

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Allstate Insurance Company against Gary Pellerin and Debra Pellerin, Arizona

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Retreaders, Inc., Chad Pellerin and Jane Doe Pellerin, Jason Pellerin and Jane Doe

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Pellerin d/b/a AAA Tire & Wheel Centers, LLC, and AAA Tire & Wheel Centers, LLC,

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and the plaintiff has no duty to defend or indemnify its insureds in that litigation;

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(2) The parties shall bear their own attorneys’ fees and costs incurred in this
matter.
DATED this 20th day of July, 2015.

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