Elite Performance LLC v. Echelon Property & Casualty Insurance Company, No. 4:2020cv00552 - Document 75 (D. Ariz. 2022)
Court Description: REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, enter an order DENYING the plaintiff's 52 Motion for Summary Judgment on its contract claim, GRANTING the defendants 54 Motion for Summary Judgment on the pl aintiff's contract claim, DENYING the plaintiff's 52 Motion for Summary Judgment on its "duty to defend" claim, GRANTING the plaintiff's 52 Motion to Dismiss the defendant's counterclaim for a declaratory judgment, G RANTING the plaintiff's 52 Motion for Summary Judgment on the defendant's counterclaim for reimbursement of attorney fees, and GRANTING the defendant's 66 Motion to Strike the plaintiff's reply statement of facts. Any party ma y serve and file written objections within 14 days of being served with a copy of this report and recommendation. If objections are not timely filed, the party's right to de novo review may be waived. The Local Rules permit the filing of a respo nse to an objection. They do not permit the filing of a reply to a response without the permission of the District Court. re: 66 MOTION to Strike 65 Statement of Facts filed by Echelon Property & Casualty Insurance Company, 54 MOTION for Summary Judgment filed by Echelon Property & Casualty Insurance Company, 52 MOTION for Summary Judgment (Partial) filed by Elite Performance LLC. Signed by Magistrate Judge Leslie A Bowman on 8/16/22. (BAC)
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