May 31, 2013
UNITED FIRE & CASUALTY COMPANY, Plaintiff,
THIEMS CONSTRUCTION COMPANY, INC., ALLIED WASTE TRANSPORTATION, INC., and JAMES C. FOWLER, Defendants, and ROXANA LANDFILL, INC., Defendant/Third-Party Plaintiff
TERRY THIEMS and TAD THIEMS, Third-Party Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT DISTRICT JUDGE
This matter comes before the Court on the motion for entry of judgment (Doc. 111) and motion to confirm settlement and for final judgment (Doc. 116) filed by plaintiff United Fire & Casualty Company (“United Fire”). The Court has also considered other related filings by Allied Waste Transportation, Inc. (“Allied Waste”) and Roxana Landfill, Inc. (“Roxana”) (Docs. 112, 114 & 117). Based on the positions taken in those filings, the Court: C REINSTATES United Fire’s motion for recovery of defense costs already paid (Doc.
101), which the Court has construed as a motion for summary judgment; C GRANTS
in part and DENIES in part United Fires motion for summary judgment
(Doc. 101). The motion is granted as to the issue of liability for the reasons set forth in the Court’s December 7, 2012, order (Doc. 100) and denied as moot as to the amount of damages in light of the parties’ settlement of that issue; C FINDS that Roxana and United Fire have settled and stipulated to the amount of damages to be awarded for recovery of defense costs already paid: $250, 334.02 (Doc. 116 & 117); C GRANTS United Fire’s motion for entry of judgment (Doc. 111) and motion to confirm settlement and for final judgment (Doc. 116); and C DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.