Axis Reinsurance Company v. Telekenex, Inc. et al

Filing 140

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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