Axis Reinsurance Company v. Telekenex, Inc. et al
Filing
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DEFAULT JUDGMENT in favor of Axis Reinsurance Company against Joshua Summers, Joy Prudell, Julia Summers, Mark Prudell, Mark Radford, Nikki Radford. Signed by Judge Samuel Conti on 2/19/2014. (sclc1, COURT STAFF) (Filed on 2/19/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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AXIS REINSURANCE COMPANY,
Plaintiff,
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v.
TELEKENEX, INC.; ANTHONY ZABIT;
KAREN SALAZAR; BRANDON CHANEY;
DEANNA CHANEY; MARK PRUDELL; JOY
PRUDELL; MARK RADFORD; NIKKI
RADFORD; JOSHUA SUMMERS; JULIA
SUMMERS; IXC HOLDINGS, INC.;
STRAITSHOT COMMUNICATIONS, INC.;
and STRAITSHOT RC, LLC,
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Defendants.
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) Case No. 12-2979 SC
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) DEFAULT JUDGMENT
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On February 19, 2014 the Court granted Plaintiff Axis
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Reinsurance Company's ("Axis") motions for default judgment against
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Defendants Mark Radford, Nikki Radford, Joshua Summers, Julia
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Summers, Mark Prudell, and Joy Prudell.
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Order, the Court enters default judgment as follows.
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In accordance with that
IT IS ORDERED THAT Axis is hereby awarded judgment in its
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favor against Defendants Mark Radford and Nikki Radford on Counts
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One (I,) Two (II), and Six (VI) of Axis's First Amended Complaint.
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Accordingly, the Court hereby DECLARES that (i) no coverage is
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afforded to Mark Radford and Nikki Radford under Axis Privatus
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Policy No. RNN585200 (the "Policy") for the action captioned
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Straitshot Communications, Inc. v. Telekenex, Inc. et al., Case No.
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C10-268 TSZ (W.D. Wash.) ("the Straitshot Action"), including but
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not limited to the judgment(s) entered therein; (ii) the attorneys'
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fees and costs incurred in defense of Mark Radford and Nikki
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Radford did not constitute covered Defense Costs or Loss within the
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meaning of the Policy; and (iii) Axis has no duty to indemnify Mark
United States District Court
For the Northern District of California
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Radford and Nikki Radford for any amounts incurred or awarded in
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the Straitshot action.
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of Axis, Counts Seven (VII) and Eight (VIII) of Axis's First
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Amended Complaint are DISMISSED without prejudice as to Defendants
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Mark Radford and Nikki Radford.
IT IS FURTHER ORDERED THAT, by stipulation
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IT IS ORDERED THAT Axis is hereby awarded judgment in its
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favor against Defendants Mark Prudell and Joy Prudell on Counts One
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(I,) Two (II), Four (IV) and Six (VI) of Axis's First Amended
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Complaint.
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coverage is afforded to Mark Prudell and Joy Prudell under the
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Policy for the Straitshot action, including but not limited to the
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judgment(s) entered therein; (ii) the attorneys' fees and costs
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incurred in defense of Mark Prudell and Joy Prudell did not
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constitute covered Defense Costs or Loss within the meaning of the
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Policy; and (iii) Axis has no duty to indemnify Mark Prudell and
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Joy Prudell for any amounts incurred or awarded in that action.
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IT IS FURTHER ORDERED THAT, by stipulation of Axis, Counts Seven
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(VII) and Eight (VIII) of Axis's First Amended Complaint are
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DISMISSED without prejudice as to Defendants Mark Prudell and Joy
Accordingly, the Court hereby DECLARES that (i) no
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Prudell.
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IT IS ORDERED THAT Axis is hereby awarded the requested
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declaratory relief in its favor against Defendants Joshua Summers
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and Julia Summers on Counts One (I), Two (II), Three (III), Four
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(IV), and Six (VI) of Axis's First Amended Complaint.
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the Court hereby DECLARES that (i) no coverage is afforded to
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Joshua Summers and Julia Summers under the Policy for the
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Straitshot action, including but not limited to the judgment(s)
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entered therein on the causes of action in Straitshot's operative
Accordingly,
United States District Court
For the Northern District of California
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complaint and the spoliation sanctions; (ii) the attorneys' fees
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and costs incurred in defense of Joshua Summers and Julia Summers
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did not constitute covered Defense Costs or Loss within the meaning
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of the Policy; and (iii) Axis has no duty to indemnify Joshua
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Summers and Julia Summers for any amounts incurred or awarded in
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that action.
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in its favor and against Joshua and Julia Summers on the
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reimbursement Counts of the First Amended Complaint, Counts Seven
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(VII) and Eight (VIII).
IT IS FURTHER ORDERED THAT Axis is awarded $39,471.11
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IT IS SO ORDERED, ADJUDGED, AND DECREED.
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Dated: February 19, 2014
UNITED STATES DISTRICT JUDGE
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