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OHIO CASUALTY INSURANCE CO. v. MADISON COUNTY

United States District Court, S.D. Illinois


June 8, 2005.

OHIO CASUALTY INSURANCE CO., Plaintiff,
v.
MADISON COUNTY, ILLINOIS, an Illinois municipal corporation, JOSEPH D. PARENTE, and Defendants, O'BRYAN CONSULTING, INC., Defendant/Third-Party Plaintiff, v. ESSEX INSURANCE COMPANY, Third-Party Defendant/Counter-Plaintiff, v. MADISON COUNTY, ILLINOIS, an Illinois municipal corporation, JOSEPH D. PARENTE, and O'BRYAN CONSULTING, INC., Counter-Defendants.

The opinion of the court was delivered by: DAVID HERNDON, District Judge

ORDER

Given O'Bryan has not filed a response,*fn1 the Court GRANTS Ohio Casualty Insurance Company's Motion to Voluntarily Dismiss Count II of its Third Amended Complaint for Declaratory Judgment (Doc. 119) and DISMISSES Count II with prejudice and without costs.

In addition, because all substantive counts between Ohio Casualty and O'Bryan Consulting, Inc., have been resolved, the Court DENIES as moot Plaintiff's Motion to Strike O'Bryan Consulting, Inc.'s Amended First Affirmative Defense (Doc. 68).

  Finally, the Court GRANTS Plaintiff's Motion for Entry of Judgment (Doc. 123) and DIRECTS the Clerk to enter Judgment in this case.

  IT IS SO ORDERED.


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