Argonaut Insurance Company v. Elite Home Medical and Respiratory Inc et al
Filing
63
FINAL JUDGMENT by Judge James V. Selna, in favor of Argonaut Insurance Company against Elite Home Medical and Respiratory Inc, Steve R Whitford. See Judgment for more information. (MD JS-6, Case Terminated). (twdb)
1
2
3
JS-6
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
12
Plaintiff,
13
14
15
16
Case No. SACV11-1445-JVS (MLGx)
ARGONAUT INSURANCE
COMPANY, an Illinois corporation,
FINAL JUDGMENT
v.
ELITE HOME MEDICAL &
RESPIRATORY, INC., a California
corporation, and STEVE R.
WHITFORD, an individual,
17
Defendants.
18
_________________________________
19
ELITE HOME MEDICAL &
RESPIRATORY, INC., a California
corporation and STEVE R.
WHITFORD, an individual,
20
21
Counterclaimants,
22
23
24
v.
ARGONAUT INSURANCE
COMPANY, an Illinois corporation,
25
Counterdefendant.
26
27
28
{00063451.DOCX 1}
1
[PROPOSED] FINAL JUDGMENT
Pursuant to the Order Granting Plaintiff’s Motion for Summary Judgment,
1
2
filed November 5, 2012, the court enters the following final judgment:
3
4
After fully considering all papers on file herein, including the papers filed by
5
the parties in support of and in opposition to said motion, and oral argument by the
6
counsel for the parties and having been fully advised as to all relevant facts,
7
arguments and contentions, the Honorable James V. Selna, United States District
8
Court Judge, entered an Order Granting Plaintiff’s Motion for Summary Judgment,
9
filed November 5, 2012, finding that there is no genuine issue to any material fact,
10
and
that
Plaintiff
and
Counterdefendant
Argonaut
Insurance
11
Company
(“Argonaut”) is entitled to summary judgment as a matter of law.
12
13
Based thereon, it is ORDERED, ADJUDGED AND DECREED that
14
judgment shall be entered in favor of Argonaut and against Defendants and
15
Counterclaimants Elite Home Medical & Respiratory, Inc. (“Elite”) and Steve R.
16
Whitford (“Whitford”), as follows:
17
18
19
1.
Judgment shall be and hereby is entered in favor of Argonaut as to all
claims for relief in the Complaint against Elite and Whitford, and each of them;
20
21
2.
Judgment shall be and hereby is entered in favor of Argonaut as to all
22
claims for relief set forth in the Counterclaim of Elite and Whitford, which are
23
dismissed with prejudice in their entirety;
24
25
3.
That Argonaut has no duty to defend or indemnify Elite or Whitford
26
with respect to the claims asserted against them in five employment actions filed in
27
Orange County Superior Court, Figueroa v. Elite Home Medical & Respiratory,
28
Inc., et al., Case No. 30-2011-00462139; Dubyak v. Elite Home Medical &
{00063451.DOCX 1}
2
[PROPOSED] FINAL JUDGMENT
1
Respiratory, Inc., et al., Case No. 30-2011-00473653; Gibbs v. Elite Home
2
Medical & Respiratory, Inc., et al., Case No. 30-2011-00481012; Benford v. Elite
3
Home Medical & Respiratory, Inc., et al., Case No. 30-2011-00488356; and
4
Velazco v. Elite Home Medical & Respiratory, Inc., et al., Case No. 30-2011-
5
00497220 (collectively, the “Employment Actions”) pursuant to the Employment
6
Practices Liability Insurance Policy No. EP336 609 issued by Argonaut to Elite,
7
effective April 28, 2010 to April 28, 2011, and a renewal policy issued by
8
Argonaut to Elite, effective April 28, 2011 to April 28, 2012 (collectively, the
9
“Policy”); that Argonaut has no obligation, under the Policy or otherwise, to
10
reimburse Elite or Whitford for any costs of defense incurred by them or their
11
counsel for their defense in the Employment Actions; and that the Policy is now
12
void.
13
14
4.
Argonaut is to recover its costs of suit incurred herein.
5.
There being no just reason to delay the entry of this judgment, this
15
16
17
judgment is final and the Clerk is directed to enter this final judgment forthwith
18
pursuant to Fed. R. Civ. P. 58.
19
20
DATED: November 13, 2012
_________________________
Honorable James V. Selna
United States District Judge
21
22
23
24
25
26
27
28
{00063451.DOCX 1}
3
[PROPOSED] FINAL JUDGMENT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?