Southern Pioneer Property & Casualty Insurance Company v. Bennett et al, No. 2:2009cv00903 - Document 24 (M.D. Ala. 2010)

Court Description: FINAL JUDGMENT; In accordance with the Memorandum Opinion and Order entered this date, it is the ORDER, JUDGMENT and DECREE of the Court as follows:(1) It is DECLARED that plaintiff Southern Pioneer Property & Casualty Insurance Company ("Southe rn Pioneer") has no duty to defend the defendants in the matter of Jeffery Bennett v. Joseph Russell, et al., Civil Action No. CV-09-25, pending in the Circuit Court of Covington County, Alabama; (2) Plaintiff Southern Pioneer's request for a declaration that it has no duty to indemnify defendants for any liability that may result from the Bennett lawsuit is dismissed without prejudice; (3) Costs are TAXED in favor of plaintiff against defendants for which execution may issue; and (4) The Clerk of the Court is DIRECTED to enter this document on the civil docket sheet as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and to close this file. Signed by Hon. Chief Judge Mark E. Fuller on 7/27/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )
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Southern Pioneer Property & Casualty Insurance Company v. Bennett et al Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION SOUTHERN PIONEER PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiff, v. JEFFREY BENNETT, et al., Defendants. ) ) ) ) ) CASE NO. 2:09-cv-903-MEF-SRW ) ) (WO - DO NOT PUBLISH) ) ) FINAL JUDGMENT In accordance with the Memorandum Opinion and Order entered this date, it is the ORDER, JUDGMENT and DECREE of the Court as follows: (1) It is DECLARED that plaintiff Southern Pioneer Property & Casualty Insurance Company (“Southern Pioneer”) has no duty to defend the defendants in the matter of Jeffery Bennett v. Joseph Russell, et al., Civil Action No. CV-09-25, pending in the Circuit Court of Covington County, Alabama; (2) Plaintiff Southern Pioneer’s request for a declaration that it has no duty to indemnify defendants for any liability that may result from the Bennett lawsuit is dismissed without prejudice; (3) Costs are TAXED in favor of plaintiff against defendants for which execution may issue; and (4) The Clerk of the Court is DIRECTED to enter this document on the civil docket -1- Dockets.Justia.com sheet as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and to close this file. DONE this the 27th day of July, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE -2-