Grizzly Processing, LLC v. Wausau Underwriters Insurance Company

Filing 34

JUDGMENT: 1) Wausau's Motion for Summary Judgment (DE 14 ) is GRANTED; 2) Judgment entered for Wausau on its First Claim for Declaratory Relief filed in its Counterclaim and remaining claims in Counterclaim are DISMISSED as moot; 3) Wausau has no duty to defend or indemnify Grizzly in the state court tort action asserted against Grizzly in Floyd Circuit Court (Civil Action No. 07-CI-01384); 4) Grizzly's Complaint is DISMISSED with prejudice; 5) this judgment is FINAL and APPEALABLE; and 6) this matter is STRICKEN from the active docket of this Court. Signed by Judge Karen K. Caldwell. (TDA)cc: COR Modified on 3/12/2010 (TDA). "JUDGMENT withdrawn per Order 35 ."

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE CIVIL ACTION NO. 7:08-226-KKC GRIZZLY PROCESSING, LLC, PLAINTIFF

v.

JUDGMENT

WAUSAU UNDERWRITERS INSURANCE COMPANY,

DEFENDANTS

**** **** **** *** In accordance with the Opinion and Order entered contemporaneously with this Judgment, the Court hereby ORDERS, ADJUDGES, and DECLARES as follows: 1) 2) Wausau's Motion for Summary Judgment (DE 14) is GRANTED; Judgment is entered for Wausau on its First Claim for Declaratory Relief filed in its Counterclaim and the remaining claims in the Counterclaim are DISMISSED as moot; Wausau has no duty to defend or indemnify Grizzly in the state court tort action asserted against Grizzly in Floyd Circuit Court (Civil Action No. 07-CI-01384); Grizzly's Complaint is DISMISSED with prejudice; this judgment is FINAL and APPEALABLE; and this matter is STRICKEN from the active docket of this Court.

3)

4) 5) 6)

Dated this 11th day of March, 2010.