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16-642 - AIX Specialty Insurance Company v. H&W Tank Testing, Inc. et al (MAG2)


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16-642 - AIX Specialty Insurance Company v. H&W Tank Testing, Inc. et al (MAG2)
October 12, 2017
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RECOMMENDATION AND ORDER OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge as follows: 1) That the plf's 32 motion for summary judgment be GRANTED and the court declare that AIX is under no duty to defend or indemnify the dfts; 2) That the dfts' 35 motion for summary judgment be DENIED; and 3) That judgment be entered in favor of the plf; it is further ORDERED that the plf's 44, 45, & 50 motions to strike be and are hereby DENIED; Objections to R&R due by 10/26/2017. Signed by Honorable Judge Charles S. Coody on 10/12/2017. (wcl, )
March 19, 2018
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ORDER directing as follows: (1) granting AIX's 59 Motion for Extension of Time to File a brief in opposition to defs' objection, and its 60 brief in opposition is DEEMED timely; (2) defendant's 58 objection is OVERRULED; (3) ADOPTING 57 REPORT AND RECOMMENDATION of the Magistrate Judge; (4) plf AIX Specialty Insurance Company's 32 Motion for Summary Judgment is GRANTED, and the court DECLARES that AIX is under no duty to defend or indemnity defendants; (5) defs' 35 Motion for Summary Judgment is DENIED; (6) a final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 3/19/18. (djy, )