Scottsdale Insurance Company v. B & G Fitness Center, Inc. et al
| Scottsdale Insurance Company |
| B & G Fitness Center, Inc. and Thomas G. Owens |
| 4:2014cv00187 |
| October 6, 2014 |
| US District Court for the Eastern District of North Carolina |
| Eastern Division Office |
| EDGECOMBE |
| James C. Fox |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
55
DEFAULT JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that Owens is in default and a declaratory judgment is hereby entered in favor of Scottsdale Insurance Company. The court also DECLARES that the insurance policy issued by Scottsdale as Policy N o. CPS 1764933 to defendant B & G Fitness Center, Inc., does not provide coverage for any damages sought or recovered against Owens by the plaintiff in Neely Pool v. B & G Fitness Center, Incorporated, doing business as B & G Fitness, and Thomas Gray Owens, Case No. 14 CVS 33, and DECLARES that Scottsdale does not owe any duty to defend Owens in connection with that suit or to indemnify Owens for any damages awarded against him in that action. Default judgment is entered in this action solely ag ainst defendant Owens. This judgment shall not affect any dispute between Scottsdale and answering defendant B & G, nor shall this judgment have any res judicata or collateral estoppel effect on this or any other dispute between Scottsdale and B & G, including but not limited to any declaratory judgment action concerning coverage under or the language, meaning, or interpretation of the general liability policy Scottsdale issued to B&G for March23, 2013, to March 23,2014, Policy No. CPS1764933. in favor of Scottsdale Insurance Company against Thomas G. Owens. Signed by Peter A. Moore, Jr., Clerk of Court on 9/20/2017. (Briggeman, N.)
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Filing
49
Order Dismissing Case - The court has been informed that the parties to this action have reached a settlement. Accordingly, this action is DISMISSED without prejudice to either party to file a motion to reopen should settlement not be consummated on or before 2/20/2017. Unless a party files a motion to reopen, counsel are DIRECTED to file their Joint Stipulation of Dismissal on or before 2/20/2017. The Clerk of Court is DIRECTED to remove this matter from the court's pretrial and trial calendars. Signed by Senior Judge James C. Fox on 1/9/2017. (Grady, B.)
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Filing
27
ORDER denying denying 12 Motion to Dismiss or Strike and denying 22 Motion to Dismiss. The Clerk of Court is DIRECTED to continue management of this case. Signed by Senior Judge James C. Fox on 8/3/2015. (Grady, B.)
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Filing
20
ORDER granting 14 Motion for Entry of Default as to defendant Thomas Owens. Signed by Julie A. Richards, Clerk of Court on 1/14/2015. (Edwards, S.)
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