American Casualty Company of Reading, Pennsylvania et al v. Cresent Enterprises, Inc.

Filing 82

ORDER AND JUDGMENT: The defendant's Motion to Strike the Affidavit of Cynthia Goral (Docket No. 59) is DENIED. The plaintiffs' Motion for Summary Judgment (Docket No. 43) is GRANTED. The defendant's counterclaim is DISMISSED WIT H PREJUDICE. Counts Two and Three of the plaintiffs' Amended Complaint are DISMISSED WITH PREJUDICE. It is further ORDERED that judgment shall be entered for the plaintiffs in the amount of $84,247.00 in compensatory damages and $1 3,503.76 in contractual interest, as well as attorney's fees, subject to the court's review of a declaration to be filed by the plaintiffs accounting for their legal costs of collection. Signed by District Judge Aleta A. Trauger on 8/28/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
AMERICAN CASUALTY COMPANY
OF READING, PENNSYLVANIA and
CNA CLAIMPLUS, INC.,

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Plaintiffs,
v.
CRESENT ENTERPRISES, INC.,
Defendant.

Case No. 3:13-cv-0098
Judge Trauger

ORDER
For the reasons set forth in the accompanying Memorandum, the court hereby finds as
follows:
 The defendant’s Motion to Strike the Affidavit of Cynthia Goral (Docket No. 59) is
DENIED.
 The plaintiffs’ Motion for Summary Judgment (Docket No. 43) is GRANTED.
 The defendant’s counterclaim is DISMISSED WITH PREJUDICE.
 Counts Two and Three of the plaintiffs’ Amended Complaint are DISMISSED WITH
PREJUDICE.
 It is further ORDERED that judgment shall be entered for the plaintiffs in the amount of
$84,247.00 in compensatory damages and $13,503.76 in contractual interest, as well as
attorney’s fees, subject to the court’s review of a declaration to be filed by the plaintiffs
accounting for their legal costs of collection.
It is so ORDERED.
Enter this 28th day of August 2014.
_______________________________
ALETA A. TRAUGER
United States District Judge
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