The Burlington Insurance Company v. Alan et al

Filing 97

JUDGMENT. Signed by Judge Susan Illston on 6/28/13. (tfS, COURT STAFF) (Filed on 6/28/2013)

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WILLIAM C. MORISON (No. 99981)
[e-mail]
PHILIP D. WITTE (No. 112217)
[e-mail]
MORISON & PROUGH, LLP
1550 Parkside Drive, Third Floor
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
THE BURLINGTON
INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BURLINGTON INSURANCE
COMPANY,

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Plaintiff,
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vs.
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SCOTTSDALE INSURANCE COMPANY;
TERRANCE J. ALAN; D.H.S. GLOBAL
INVESTMENTS, LLC; CLUB PAREE,
LLC; DELASHON MONIQUE GREEN;
SARIYAH FULBRIGHT; ANA’STAJA
FULBRIGHT; and TE’JANAEY SCOTT,
Defendants.

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No. 3:12-cv-03372-SI
[PROPOSED] DECLARATORY
JUDGMENT

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The Burlington Insurance Company's ("Burlington") Motion for Summary Judgment, the

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Joint Motion for Entry of Final Judgment, and Burlington's Motion for Entry of Default Judgment

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Against Defendants D.H.S. Global Investments, LLC and Club Paree, LLC having been granted,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment be entered in

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favor of Burlington and against defendants. Burlington has and had no duty to defend or

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indemnify any of the defendants in connection with the action captioned Green et al. v. D.H.S.

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Global Investments, LLC, dba The Pink Diamonds et al., San Francisco Superior Court, Case No.

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CGC-11-512028, or any judgment or settlement entered in connection therewith. Burlington

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never actually paid any defense fees, and therefore Burlington shall recover no damages. In

M ORISON &
P ROUGH , LLP

-1[Proposed] Declaratory Judgment
3:12-cv-03372-SI

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accordance with the parties' agreement, the fourth and fifth causes of action for equitable

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indemnity/equitable contribution and for declaratory relief as to Scottsdale Insurance Company

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are dismissed with prejudice. The non-defaulting parties will each bear their own fees and costs.

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Costs are awarded in favor of Burlington and against D.H.S. Global Investments, LLC and Club

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Paree, LLC.

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6/28/13
Dated: __________________________
Hon. Susan Illston
Judge of the District Court

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M ORISON &
P ROUGH , LLP

-2[Proposed] Declaratory Judgment
3:12-cv-03372-SI