Dillon Real Estate Co., Inc. et al v. American National Insurance Co. et al

Plaintiff: Dillon Real Estate Co., Inc. and Smith's Food & Drug Centers, Inc.
Defendant: American National Insurance Co. and Dollar Tree Stores, Inc.
Case Number: 2:2008cv01508
Filed: August 15, 2008
Court: Arizona District Court
Office: Contract: Other Office
County: Maricopa
Presiding Judge: Frederick J Martone
Referring Judge:
Nature of Suit: Defendant
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Breach of Contract

Available Case Documents

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Date Filed#Document Text
November 24, 2010 266 Opinion or Order of the Court ORDER granting plaintiff's 254 Motion to Enforce Permanent Injunction. Signed by Judge Frederick J Martone on 11/23/10. (ESL)
November 10, 2010 259 Opinion or Order of the Court ORDER denying 222 American National Insurance Company's Motion for Judgment as a matter of law. IT IS FURTHER ORDER that the clerk shall tax costs in the amount of $6,792.81 in favor of Dollar Tree Stores and against plaintiffs and $ 9,053.31 in favor of plaintiffs and against American National Insurance Company. IT IS FURTHER ORDERED denying 214 American National Insurance Company's Motion for Attorney Fees and denying 219 its Bill of Costs. IT IS FURTHER ORDERED granti ng 212 Dollar Tree Stores' Motion for Attorney Fees in the amount of $151,841.00 against plaintiffs and granting in part and denying in part 215 Plaintiffs' Motion for Attorney Fees; Plaintiffs are awarded $571,304.75 against American National Insurance Company. Signed by Judge Frederick J Martone on 11/9/10.(LSP)
April 26, 2010 210 Opinion or Order of the Court ORDER granting Plas' Renewed Motion 197 for Permanent Injunction. All the claims of all the parties having been resolved, the clerk is now directed to enter final judgment as follows: 1. In favor of Plaintiffs Dillon Real Estate Co., and Smith 's Food & Drug Centers, Inc. (Fry's) and against Defendant American National Insurance Co. (Anico), pursuant to the jury's verdict in the amount of $172,565.00. 2. The defendant Anico is permanently enjoined from allowing Dollar T ree to sell groceries (food and non-food household supplies) in the Heatherwood Plaza shopping center. Anico cannot rely on its inconsistent lease provisions with Dollar Tree to avoid compliance. It had no power to grant inconsistent provisions. The lease was expressly subject to the declaration. Any term in the lease that is inconsistent with the declaration is void. 3. In favor of Dollar Tree and against Plaintiffs (Fry's) on Plaintiffs' complaint pursuant to our order of July 17, 2009, granting summary judgment in favor of Dollar Tree. Signed by Judge Frederick J Martone on 4/26/10.(KMG)
September 25, 2009 136 Opinion or Order of the Court ORDER denying 118 Plaintiff's Motion for Summary Judgment; see PDF document for details. Signed by Judge Frederick J Martone on 9/25/09.(LSP)
July 17, 2009 125 Opinion or Order of the Court ORDER granting 79 Dollar Tree's Motion for Summary Judgment. Signed by Judge Frederick J Martone on 7/17/09.(LSP)
December 11, 2008 37 Opinion or Order of the Court ORDER denying plas' 33 Motion for Hearing on Motion.; denying plas' 15 Motion for Judgment. Signed by Judge Frederick J Martone on 12/10/2008.(LAD)

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Search for this case: Dillon Real Estate Co., Inc. et al v. American National Insurance Co. et al
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Plaintiff: Dillon Real Estate Co., Inc.
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Plaintiff: Smith's Food & Drug Centers, Inc.
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Defendant: American National Insurance Co.
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Defendant: Dollar Tree Stores, Inc.
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