Nationwide Mutual Insurance Company v. Almost Heaven Ribs Inc. et al
Filing
84
AMENDED MEMORANDUM OPINION AND ORDER granting plaintiff's 82 RENEWED MOTION for Default Judgment Against Defendant Famous Dave's of America, Inc.; directing that plaintiff had no duty to defend or indemnify Defendant Famous Dave 9;s of America, Inc. with respect to any claims made against it in the Circuit Court of Kanawha County, by Defendants Michelle Blankenship, Trina Ziegler, Diana Brandon, Tracey Billings, Destiney McCallinster, Stephanie Wagstaff, and Tara Whittington, under any of the policies listed in plaintiff's Complaint. Signed by Judge David A. Faber on 10/7/2014. (cc: attys; Defendant Famous Dave's of America, Inc. at their last known address) (taq)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
IN CHARLESTON
NATIONWIDE MUTUAL INSURANCE CO.,
Plaintiff,
v.
Civil Action No. 2:09-00657
ALMOST HEAVEN RIBS, INC., et al.,
Defendants.
AMENDED MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s Renewed Motion for
Default Judgment Against Defendant Famous Dave’s of America,
Inc.
(Doc. No. 82).
Upon mature consideration of the record of
this case, the court finds that Defendant Famous Dave’s has
failed to answer or otherwise defend this action.
The Clerk has
duly entered default against Defendant Famous Dave’s of America,
Inc.
(Doc. No. 80).
Accordingly, the Plaintiff’s Renewed Motion for Default
Judgment Against Defendant Famous Dave’s of America, Inc. (Doc.
No. 82) is GRANTED and it is ORDERED, ADJUDGED, and DECREED that
plaintiff had no duty to defend or indemnify Defendant Famous
Dave’s of America, Inc. with respect to any claims made against
it in the Circuit Court of Kanawha County, by Defendants
Michelle Blankenship, Trina Ziegler, Diana Brandon, Tracey
Billings, Destiney McCallinster, Stephanie Wagstaff, and Tara
Whittington, under any of the policies listed in plaintiff’s
Complaint.
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to all counsel of record and to the Defendant
Famous Dave’s of America, Inc. at their last known address.
IT IS SO ORDERED, this 7th day of October, 2014.
ENTER:
David A. Faber
Senior United States District Judge
2
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