ST. PAUL FIRE & MARINE INSURANCE CO. v. PRIMAVERA SOFTWARE, INC. et al

Filing 83

ORDER THAT DEFT HILL'S MOTION (DOC #73) IS DENIED AND PLFF'S MOTIONS ARE GRANTED, ETC. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. ( SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/5/11. ) 8/5/11 ENTERED AND COPIES E-MAILED.(gn, ) Modified on 8/5/2011 (gn, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ST. PAUL FIRE & MARINE INSURANCE CO., :
CIVIL ACTION
Plaintiff,
:
:
v.
:
No. 09-3908
:
PRIMAVERA SOFTWARE, INC., et al.,
:
Defendants.
:
__________________________________________:
ORDER
AND NOW, this 5th day of August, 2011, upon consideration of “Defendant Donna Hill’s
Motion for Summary Judgment,” (doc. no. 73), the “Motion for Summary Judgment of Plaintiff, St.
Paul Fire & Marine Insurance Co.,” (doc. no. 74), Plaintiff’s “Crossmotion to Strike the Affidavit
of John Wilburn,” (doc. no. 75), the respective responses thereto, and for the reasons set forth in the
accompanying Memorandum Opinion, it is hereby ORDERED that Defendant Hill’s motion is
DENIED and Plaintiff’s motions are GRANTED.
IT IS FURTHER ORDERED that judgement and the requested declaratory relief are
entered in favor of Plaintiff, St. Paul Fire and Marine Insurance Co., and against Defendants Donna
Hill, Primavera Software, Inc., John Wilburn and Ray Garman, in that there is no coverage under
insurance policy number TE029025771 for the motor vehicle accident at issue. The Clerk of Court
is directed to mark this case CLOSED.
BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.

1

I note that Plaintiff’s declaratory judgment action seeks relief under policy number
ZZP92L43756; however, the policy attached to their motion for summary judgment reflects a
policy number of TE02902577.