The Burlington Insurance Company
Filing
38
ORDER acknowleding the 37 stipulation and directing the Clerk to enter judgment against defendant Blanchard and in favor of plaintiff. The Clerk is to close the file. Signed by Chief Judge David R. Herndon on 4/28/2011. (msdi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THE BURLINGTON INSURANCE CO.,
Plaintiff,
v.
MADISON GARRETT, SR., MEDORA
GARRETT, PHILLIPS-GARRETT INC.,
d/b/a GARRETT’S PINK SLIP EXOTIC
BAR, and AMOS BLANCHARD,
Defendants.
No. 10-cv-00817-DRH
ORDER
HERNDON, Chief Judge:
Before the Court is a stipulation (Doc. 37) entered into between plaintiff
The Burlington Insurance Company and defendant Amos Blanchard.
For the
reasons that follow, the Court acknowledges the stipulation (Doc. 37) and directs the
Clerk of the Court to enter judgment against defendant Blanchard and in favor of
plaintiff and to close the file.
On April 13, 2011, the Court entered an order (Doc. 33) acknowledging
plaintiff and defendants Madison Garrett, Sr., Medora Garrett, and Phillips-Garrett
Inc., d/b/a Garrett’s Pink Slip Exotic Bar (collectively the Garrett defendants)
stipulation (Doc. 31) that no insurance coverage existed for the claims against the
Garrett defendants in the state suit brought against them by defendant Blanchard.
Accordingly, plaintiff and the Garrett defendants requested the Court to enter a
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judgment against the Garrett defendants and in favor of plaintiff. The Court found
that there was no just reason for delay of entry of judgment in favor of plaintiff and
against the Garrett defendants only, and directed the Clerk of Court to enter
judgment pursuant to Federal Rule of Civil Procedure 54(b). On April 19, 2011, the
Clerk did so.
In the order of April 13, 2011, the Court also ordered the plaintiff to
show cause why its remaining claim against defendant Blanchard should not be
dismissed and the case closed.
As a result, on April 20, 2011, plaintiff and
defendant Blanchard filed the stipulation (Doc. 37) mentioned above, stipulating that
defendant Blanchard agreed that there is no coverage under the plaintiff’s policy for
the matters alleged in the state suit, and further agreeing to entry of judgment against
defendant Blanchard and in favor of plaintiff.
The Court ACKNOWLEDGES plaintiff and defendant Blanchard’s
stipulation (Doc. 37).
The Court directs the Clerk to enter judgment against
defendant Blanchard and in favor of plaintiff. The Clerk is directed to close the file.
IT IS SO ORDERED.
Signed this 28th day of April, 2011.
Digitally signed by David R. Herndon
Date: 2011.04.28 12:00:32 -05'00'
Chief Judge
United States District Court
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