Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-cv-00097-JJF

Document 34

Filed 04/23/2007

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

NATIONAL FIRE & MARINE INSURANCE COMPANY, Plaintiff, -againstROBIN JAMES CONSTRUCTION, INC., Defendant.

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Civil Action No.: 06-97 JJF

CERTIFICATION OF COUNSEL

I, Kristi J. Doughty, hereby certify as follows, regarding the attached Order (the "Order"): 1. Summary Judgment was entered in the above casein favor of the Plaintiff, National

Fire & Marine Insurance Company by Memorandum Opinion on March 22, 2007. 2. A damages hearing was held by the Court on April 19, 2007 and the

accompanying Order reflects the Court's ruling. 3. of Service. The Order has been served on the party indicated on the accompanying Certificate

Case 1:06-cv-00097-JJF

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WHEREFORE, National Fire & Marine Insurance Company respectfully requests that the Court enter the Order and grant such other and further relief as it deems appropriate.

WHITTINGTON & AULGUR

/s/ Kristi J. Doughty Robert T. Aulgur, Jr. (No. 165) Kristi J. Doughty (No. 3826) 313 N. DuPont Hwy., Suite 110 P.O. Box 617 Odessa, DE 19730-1617 (302) 378-1661 Attorney for Plaintiff Date: April 23, 2007

Case 1:06-cv-00097-JJF

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Filed 04/23/2007

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

NATIONAL FIRE & MARINE INSURANCE COMPANY, Plaintiff, -againstROBIN JAMES CONSTRUCTION, INC., Defendant.

) ) ) ) ) ) ) ) ) )

Civil Action No.: 06-97 JJF

CERTIFICATE OF SERVICE

I, Kristi J. Doughty, hereby certify this 23rd day of April, A.D. 2007 that a copy of the Certification of Counsel and Proposed Order was sent electronically and (via) first class mail to the following: Eric C. Howard Wilson Halbrook & Bayard 107 West Market Street P.O. Box 690 Georgetown, DE 19947

By:

/s/ Kristi J. Doughty Kristi J. Doughty (No. 3826) 313 N. DuPont Hwy., Suite 110 P.O. Box 617 Odessa, DE 19730-1617 (302) 378-1661 Attorney for Plaintiff

Case 1:06-cv-00097-JJF

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Filed 04/23/2007

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

NATIONAL FIRE & MARINE INSURANCE COMPANY, Plaintiff, -againstROBIN JAMES CONSTRUCTION, INC., Defendant.

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Civil Action No.: 06-97 JJF

JUDGMENT Plaintiff, National Fire & Marine Insurance Company ("National Fire"), having appeared at a hearing on damages on April 19, 2007 as Ordered by this Court by Order entered on March 22, 2007, and the Plaintiff having made an offer of proof which the Court has found to be sufficient and the Court having accepted Plaintiff's exhibits 1 ­ 10 into evidence, NOW IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Plaintiff is awarded judgment on its First Cause of Action in the amount of $35,651.04 plus interest from February 13, 2007 to April 19, 2007 at the rate of 9.44% in the amount of $3,964.60 for a total $39,615.64; and Plaintiff is awarded Judgment on its Second Cause of Action in the amount of $176,927.16 plus interest from February 13, 2007 to April 19, 2007 at the rate of 9.44% in the amount of $19,676.80 for a total $196,603.96; and Plaintiff is awarded Judgment on its Third Cause of Action in the amount of $18,081.54 plus interest from February 13, 2007 from April 19, 2007 at the rate of 9.44% in the amount of $2,012.40 for a total $20,093.94; Plaintiff is further awarded Judgment for expenses and attorney's fees in the amount of $4,613.00 pursuant to this Court's Order of March 22, 2007;
Order following damage hearing (2)

Case 1:06-cv-00097-JJF

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Said Judgment with interest to April 19, 2007 and the attorney's fees previously Ordered, total the aggregate amount of $260,926.54; Dated at Wilmington, Delaware, this _____ day of April, 2007

_____________________________ Honorable Joseph J. Farnan, Jr. United States District Court Judge

Order following damage hearing (2)

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