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17-2927 - State Farm Fire and Casualty Company v. Peitz et al


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17-2927 - State Farm Fire and Casualty Company v. Peitz et al
June 12, 2018
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that State Farms Motion for Dismissal and Discharge is GRANTED. (Doc. 44). Plaintiff State Farm, having deposited with the Registry of the Court on January 17, 2018, the entire per occurrence policy limits of Policy Number 25-B7-H816-6, insuring Defendants Stephen Peitz, Jr. and Mark Harris, is hereby dismissed with prejudice from this action and is hereby discharged from any and all liability for payment of claims made against Defendants Peitz and/or Harris, arising out of a fire discovered on August 14, 2017, at the Westport Crossing Condominiums. The Clerk of the Court shall retain the funds deposited by Plaintiff in the Registry of the Court pending final resolution of these proceedings. A separate Order of Partial Dismissal will accompany this Memorandum and Order. IT IS FURTHER ORDERED that Defendant Westports Motion to Dismiss Defendant Granicks Crossclaim is DENIED as moot. (Doc. 27). IT IS FURTHER ORDERED that Defendants Robert and Deborah Granicks Motion to Dismiss seeking dismissal without prejudice of their counterclaim against State Farm and all their crossclaims against the other Defendants is GRANTED. (Doc. 29). IT IS FURTHER ORDERED that Defendants Robert and Deborah Granicks Motion to Dismiss Mahers Crossclaim is DENIED as moot. (Doc. 50). IT IS FURTHER ORDERED that Defendant Jeffrey Mahers Motion for Leave to File Dismissal Without Prejudice seeking dismissal without prejudice of his crossclaims against the other Defendants is GRANTED. (Doc. 55). IT IS FURTHER ORDERED that Defendant Jeffrey Mahers Motion to Dismiss seeking dismissal of his counterclaim against State Farm is GRANTED. (Doc. 57). Signed by Magistrate Judge Nannette A. Baker on 6/12/18. (cc: finance) (KJS)