WESTFIELD INSURANCE COMPANY v. ASHUTOSH CORPORATION

Filing 57

ORDER granting 54 Motion for Default Judgment. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 1/18/2017. (JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
WESTFIELD INSURANCE COMPANY,
Plaintiff,
vs.
ASHUTOSH CORPORATION,
Defendant.

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No. 2:15-cv-00242-JMS-MJD

ORDER
Presently pending before the Court is a Motion for Default Judgment filed by Plaintiff
Westfield Insurance Company (“Westfield”). [Filing No. 54.] Westfield asks this Court to enter
default judgment in its favor and against Defendant Ashutosh Corporation (“Ashutosh”). [Filing
No. 54.]
The Clerk entered default against Ashutosh pursuant to Federal Rule of Civil Procedure
55(a) on December 14, 2016. [Filing No. 53.] Given the information contained in Westfield’s
Motion for Default Judgment, the Court finds a hearing is unnecessary, and now GRANTS the
pending Motion and enters DEFAULT JUDGMENT pursuant to Federal Rule of Civil Procedure
55(b) in favor of Westfield and against Ashutosh to the extent that it DECLARES that:
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Westfield has no duty under Commercial Package Policy No. CWP 4 671 169
to defend Ashutosh against demands that Ashutosh received from the
Environmental Protection Agency (“EPA”) and the Indiana Department of
Environmental Management (“IDEM”) to investigate and, if necessary,
remediate environmental conditions at 1032 N. Main Street, Cloverdale,
Indiana, 46120, on which Cloverdale Truck Plaza is located, and listed with
IDEM as IDEM U FID #4497 (the “Claim”); and

•

Westfield has no duty under Commercial Package Policy No. CWP 4 671 169
to indemnify Ashutosh against the Claim.

Final judgment shall enter accordingly.

Date: 1/18/2017

Distribution via ECF only to all counsel of record
Distribution via United States Mail to:
Ashok Bhargava, President
Ashutosh Corporation
13415 East 32nd Ave.
Spokane, WA 99216

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