Westport Insurance Corporation v. Coffman et al

Filing 74

CLERK'S JUDGMENT entered pursuant to Opinion and Order signed by Algenon L. Marbley on 1/29/2009. (cw, )

**AO 450 (Rev. 5/85) Judgment in a Civil Case

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

JUDGMENT IN A CIVIL CASE
WESTPORT INSURANCE CORPORATION, Plaintiff, v. WARD D. COFFMAN, III, et al., Defendants. : : : : : : : : :

Case No. C2-05-1152 JUDGE ALGENON L. MARBLEY Magistrate Judge King

[] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. [X] Decision by Court. This action was decided by the Court without a trial or hearing.

IT IS ORDERED AND ADJUDGED That pursuant to the January 29, 2009 Opinion and Order, this Court GRANTS Plaintiff's Partial Motion for Summary Judgment on the issue of whether the Class Action complaint and Malpractice Claim constitute a single claim, and DENIES Defendant's Motion for Summary Judgment on that same issue. The remaining issues in Plaintiff's and Defendant's Motions for Summary Judgment are DISMISSED as moot. Date: January 29, 2009 James Bonini, Clerk s/Betty L. Clark Betty L. Clark/Deputy Clerk