WAUSAU UNDERWRITERS INSURANCE COMPANY v. CMW INTERNATIONAL, LLC et al

Filing 96

ORDER ON STIPULATED JUDGMENT - The Court therefore APPROVES the stipulated judgment, dkt. 95-1, which the Clerk shall docket as an attachment to this order. Dkt. 95 . Because the Court retains jurisdiction as the parties have agreed, dkt. 95-1 at 6 , this case is dismissed without prejudice. See Shapo v. Engle, 463 F.3d 641, 643 (7th Cir. 2006). Final judgment will issue by separate entry (SEE ORDER FOR DETAILS). Signed by Judge James Patrick Hanlon on 1/17/2023. (Attachments: # 1 Stipulated Judgment) (DWH)

Case 1:19-cv-04564-JPH-MG Document 96 Filed 01/17/23 Page 1 of 4 PageID #: 1294

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Plaintiff,
v.
CMW INTERNATIONAL, LLC,
EVERGREEN HOLDINGS
INTERNATIONAL, LLC,
HARTFORD FIRE INSURANCE
COMPANY,
U.S. FIRE INSURANCE COMPANY,
HARTFORD CASUALTY INSURANCE
COMPANY,
Defendants.
U.S. FIRE INSURANCE COMPANY,
HARTFORD FIRE INSURANCE
COMPANY,
HARTFORD CASUALTY INSURANCE
COMPANY,
Counter
Claimants,
v.
WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Counter
Defendant.
U.S. FIRE INSURANCE COMPANY,
HARTFORD CASUALTY INSURANCE
COMPANY,

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No. 1:19-cv-04564-JPH-MG

Case 1:19-cv-04564-JPH-MG Document 96 Filed 01/17/23 Page 2 of 4 PageID #: 1295

HARTFORD FIRE INSURANCE
COMPANY,

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Cross Claimants, )
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v.
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CMW INTERNATIONAL, LLC,
)
EVERGREEN HOLDINGS
)
INTERNATIONAL, LLC,
)
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Cross Defendants. )
ORDER ON STIPULATED JUDGMENT
Wausau Underwriters Insurance Company brought this case seeking a
declaratory judgment that would determine the parties' "rights and obligations
under certain insurance contracts in connection with" the litigation of an
environmental legal action pending in Indiana state court. Dkt. 1. U.S. Fire
Insurance Company, Hartford Fire Insurance Company, and Hartford Casualty
Insurance Company filed counterclaims and crossclaims also seeking
declaratory judgments regarding the litigation of the state-court action. Dkt.
72; dkt. 75. The parties have resolved the issues in the complaint and crosscomplaints filed in this case and have filed a joint motion for entry of a
stipulated judgment. Dkt. 95; dkt. 95-1 at 1.
The stipulated judgment would be a court order "embod[ying] the terms
agreed upon by the parties as a compromise to litigation." United States v.
Alshabkhoun, 277 F.3d 930, 934 (7th Cir. 2002). That exercise of federal
power "must (1) 'spring from and serve to resolve a dispute within the court's
subject matter jurisdiction'; (2) 'com[e] within the general scope of the case
made by the pleadings'; and (3) 'further the objectives of the law upon which
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Case 1:19-cv-04564-JPH-MG Document 96 Filed 01/17/23 Page 3 of 4 PageID #: 1296

the complaint was based.'" Komyatti v. Bayh, 96 F.3d 955, 960 (7th Cir. 1996)
(quoting Local No. 93, Int'l Ass'n of Firefighters v. City of Cleveland, 478 U.S.
501, 525 (1986)).
Here, the parties' stipulated judgment satisfies each of the Local No. 93
factors. First, this case is between citizens of different states and the amount
in controversy exceeds $75,000, exclusive of interest and costs. See dkt. 1 at
1–3; 28 U.S.C. § 1332 (diversity jurisdiction). Second, the stipulated judgment
comes within the scope of this case because it resolves the parties' rights and
obligations regarding the litigation of the state-court action. See dkt. 1; dkt.
95-1. Third, the stipulated judgment furthers the objectives of the law on
which the complaint is based by accomplishing the purposes of a declaratory
judgment in the insurance-policy context. See dkt. 1 at 3–10.
The Court therefore APPROVES the stipulated judgment, dkt. 95-1,
which the Clerk shall docket as an attachment to this order. Dkt. [95].
Because the Court retains jurisdiction as the parties have agreed, dkt. 95-1 at
6, this case is dismissed without prejudice. See Shapo v. Engle, 463 F.3d 641,
643 (7th Cir. 2006). Final judgment will issue by separate entry.
SO ORDERED.
Date: 1/17/2023

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Case 1:19-cv-04564-JPH-MG Document 96 Filed 01/17/23 Page 4 of 4 PageID #: 1297

Distribution:
All electronically registered counsel.

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