United States District Court, S.D. Illinois
June 8, 2005.
OHIO CASUALTY INSURANCE CO., Plaintiff,
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
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.