State Farm Fire and Casualty Company v. Rodrigeuz-Cayro

Filing 18

ORDER (Memorandum 17 filed previously as separate docket entry) GRANTING pltf's motion 14 for jdgmt on pleadings, ORDERING & DECLARING that pltf has no duty to defend or indemnify deft in underlying civil lawsuit filed by Kyli Rodriguez-Cay ro against deft in 3rd Judicial Dist Ct for Salt Lake Co, Utah, Case No. 170904045, directing Clrk of Ct to enter declaratory jdgmt in pltf's favor on Cts I & II of amended complaint per Para 2, DISMISSING Cts III & IV of amended complaint, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/02/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STATE FARM FIRE AND CASUALTY :
COMPANY,
:
:
Plaintiff
:
:
v.
:
:
NARCISO ALEJANDRO
:
RODRIGUEZ-CAYRO,
:
:
Defendant
:

CIVIL ACTION NO. 17-CV-1352
(Chief Judge Conner)

ORDER
AND NOW, this 2nd day of October, 2018, upon consideration of the
motion (Doc. 14) for judgment on the pleadings pursuant to Federal Rule of Civil
Procedure 12(c) filed by plaintiff State Farm Fire and Casualty Company (“State
Farm”), and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1.

State Farm’s motion (Doc. 14) for judgment on the pleadings is
GRANTED.

2.

It is ORDERED and DECLARED that State Farm has no duty to
defend or indemnify defendant Narciso Alejandro Rodriguez-Cayro
(“Narciso”) in the underlying civil lawsuit filed by Kyli RodriguezCayro against Narciso in the Third Judicial District Court for Salt Lake
County, Utah, Case No. 170904045, (see Doc. 9-4).

3.

The Clerk of Court shall enter declaratory judgment in State Farm’s
favor on Counts I and II of the amended complaint as set forth in
paragraph 2.

4.

Counts III through VIII of the amended complaint are DISMISSED as
moot.

5.

The Clerk of Court shall thereafter CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania