Certain Underwriters at Lloyd's v. Dual Trucking, Inc., CV-19-34-GF-BMM. (2019)
Court: District Court, D. Montana
Number: infdco20190619b84
Visitors: 4
Filed: Jun. 18, 2019
Latest Update: Jun. 18, 2019
Summary: ORDER BRIAN MORRIS , District Judge . The Defendants herein move for dismissal of Plaintiff's complaint for lack of jurisdiction. Defendants argue that since a claim was not made on the subject insurance policy, there is not a justiciable controversy and the Court should dismiss. Defendant DTI simultaneously moves the Court to set aside the clerk's default allegedly entered due to a mis-communication between counsel. DTI similarly argues that service was improper and as noted above, it did
Summary: ORDER BRIAN MORRIS , District Judge . The Defendants herein move for dismissal of Plaintiff's complaint for lack of jurisdiction. Defendants argue that since a claim was not made on the subject insurance policy, there is not a justiciable controversy and the Court should dismiss. Defendant DTI simultaneously moves the Court to set aside the clerk's default allegedly entered due to a mis-communication between counsel. DTI similarly argues that service was improper and as noted above, it did n..
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ORDER
BRIAN MORRIS, District Judge.
The Defendants herein move for dismissal of Plaintiff's complaint for lack of jurisdiction. Defendants argue that since a claim was not made on the subject insurance policy, there is not a justiciable controversy and the Court should dismiss. Defendant DTI simultaneously moves the Court to set aside the clerk's default allegedly entered due to a mis-communication between counsel. DTI similarly argues that service was improper and as noted above, it did not file a claim invoking the duty to defend by Plaintiff.
Both motions are unopposed. Therefore, for good cause shown, Defendants' motion to dismiss is GRANTED. The accompanying motion to set aside the default is similarly GRANTED. The Clerk is instructed to set aside the default.
Source: Leagle
