Firemen's Insurance Company of Washington DC et al v. Glen-Tree Investments, LLC et al

Filing 30

ORDER granting 28 Motion for Default Judgment as to Defendant Glen-Tree, LLC. Signed by Chief Judge James C. Dever III on 10/28/11. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DMSION

No. 7: 11-CV-59-D

FIREMEN'S INSURANCE COMPANY
OF WASHINGTON DC, et aI.,

)

)

)

Plaintiffs,
)

)

v.
)
)
GLEN-TREE INVESTMENTS, LLC,
)

)

DICKY S. WALIA, SANJAY N. MUNDRA,
PERKINS & WILL NORTH CAROLINA, INC., )

and PERKINS & WILL, INC.,
)

)

Defendants.
)

ORDER

On February 14, 2011, the complaint was served on Glen-Tree Investments, LLC
("defendant" or "Glen-Tree"). Glen-Tree failed to answer or otherwise respond to the complaint.
On July 21, 2011, the Clerk of Court entered default against Glen-Tree [D.E. 25]. On August 29,
2011, Firemen's Insurance Company of Washington D.C., and Union Insurance Company
("plaintiffs") filed a motion for entry of default judgment against Glen-Tree pursuant to Rule
55(b)(2) of the Federal Rules of Civil Procedure [D.E. 28].
Plaintiffs' motion for default judgment against Glen-Tree [D.E. 28] is GRANTED. The
court hereby declares that as to Glen-Tree, only, under policy number CLA 0114737-10 issued by
Firemen's Insurance Company ofWashington D.C., to Glen-Tree Investments, LLC, First American
Hotels, Inc. & Soleil Group c/o First American Hotels, Inc., with effective dates of January 27,
2005, to June 27,2005, and policy number CPA 0118333-10 issued by Union Insurance Company

to Solei! Group, Inc., and other named insureds, including Glen-Tree, with effective dates of June
27,2006, to June 27, 2007, renewed through June 27,2009: (1) plaintiffs have no duty to defendant

Glen-Tree in the action "Perkins & Will North Carolina. Inc., and Perkins & Will, Inc., Plaintiffs v.
Glen-Tree Investments, LLC, Dicky S. Walia. and Sanjay N. Mundra. Defendants v. Perkins & Will,
Inc., Counterclaim Defendant," OS-CVS-2S00 1, Mecldenburg County Superior Court ("Underlying
Action"); and (2) plaintiffs have no duty to indemnify Glen-Tree for any damages that may be
assessed against Glen-Tree in the Underlying Action.
SO ORDERED. This --2!. day of October 2011.

J

SC.DEVERill
Chief United States District Judge

2