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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Dockets.Justia.com WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA REPORT AND RECOMMENDATION Elite Performance LLC v. Echelon Property & Casualty Insurance Company Doc. 75 Id. Id. Id. Id. Id. Damron v. Sledge Id. Id. Id. Id. Anderson v. Liberty Lobby, Inc Celotex Corp. v. Catrett Soremekun v. Thrifty Payless, Inc. In re Oracle Corp. Securities Litigation Celotex Corp., Cornwell v. Electra Cent. Credit Union Soremekun v. Thrifty Payless, Inc. Id 757BD LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA Nat'l Fire Ins. Co. of Hartford v. James River Ins Id. Id. Id. Id. Id. Damron Damron 757BD LLC v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA aff’d Id. Id. Damron Id. Id. Id. Id. See Damron Quihuis v. State Farm Mut. Auto Ins. Co Id. Id. See if a court later finds coverage See Quihuis v. State Farm Mut. Auto Ins. Co not Damron all See Charbonneau v. Blue Cross of Washington & Alaska Id. See [t]hat part of real property Id. Desert Mountain Properties Ltd. P’ship v. Liberty Mut. Fire Ins. Co Nat’l Fire Ins. Co. of Hartford v. James River Ins See Morette Co. v. S.-Owners Ins. Co Id. after it has been put to its intended use Id. Id. Nucor Corp. v. Emps. Ins. Co. of Wausau Id. Id. Id. Santan Crossing Pro. Plaza Condo. Ass’n v. Westfield Ins. Co. See, e.g., Santan Crossing Pro. Plaza Condo Ass’n Id. Great Am. Assurance Co. v. PCR Venture of Phoenix LLC See Great Am. Assurance Co. See See

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