Steven J Berns v. Sentry Select Insurance Company et al

Filing 106

JUDGMENT by Judge Dale S. Fischer. (MD JS-6, Case Terminated). (ah)

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JS 6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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11 STEVEN J. BERNS, an individual
12 residing in the State of California,
Plaintiff,
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Case No. 2:13-cv-01611-DSF-AGR
[PROPOSED] JUDGMENT

v.

15 SENTRY SELECT INSURANCE
COMPANY, an Illinois corporation; and
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Defendant.
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IT IS ORDERED AND ADJUGED in this action as follows:
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On the First Amended Complaint's First Cause of Action for

20 Declaratory Relief regarding the duty to defend, that judgment be entered in favor of
21 plaintiff, Steven J. Berns, and against defendant, Sentry Select Insurance Company.
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2.

On the First Amended Complaint's Second Cause of Action for Breach

23 of Contract regarding the duty to defend, that judgment be entered in favor of plaintiff,
24 Steven J. Berns and against defendant, Sentry Select Insurance Company. Plaintiff,
25 Steven J. Berns, has acknowledged that defendant, Sentry Select Insurance Company,
26 has satisfied the judgment for the second cause of action in full, including all interest
27 due.
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2:13-cv-01611-DSF-AGR

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3.

On the First Amended Complaint's Third Cause of Action for Tortious

2 Breach of the Covenant of Good Faith and Fair Dealing, that judgment be entered in
3 favor of defendant, Sentry Select Insurance Company, and against plaintiff, Steven J.
4 Berns. The Third Cause of Action for Tortious Breach of the Covenant of Good Faith
5 and Fair Dealing is dismissed with prejudice.
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Each party to bear its own costs and expenses.

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DATED: 8/3/17
BY: ______________________________
DALE S. FISCHER
United States District Judge

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2:13-cv-01611-DSF-AGR