Free Order on Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:04-cv-00419-JJF Document 24 Filed O3/31/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CATHY D. BROOKS—MCCOLLUM :
Plaintiff, Q
v. Z Civil Action No. 04-419 JJF
STATE FARM INSURANCE COMPANY, ;
Defendant. i
O R D E R
WHEREAS, Plaintiff filed a Motion for Indemnification (D.I.
5) asking the Court to order Defendants to “make all payments
incurred to date in accordance to the Emerald Ridge Service
Bylaws, and in accordance to the [Chancery Court Order] given on
June 24, 2004":
WHEREAS, subsequently, Plaintiff filed a Motion To Stay
Until Indemnification Is Confirmed Against State Farm Per
Chancery Court July 24, 2004, Order Indemnifying Plaintiff (D.I.
10) :
WHEREAS, insofar as Plaintiff’s Motion for Indemnification ,
petitions the Court to enforce the Chancery Court’s June 24,
2004, Order, the Court lacks jurisdiction for such enforcement;
WHEREAS, insofar as Plaintiff’s Motion for Indemnification (
petitions the Court to review the order of the Chancery Court, (
yl
the Court is estopped from such review because (l) the issue is 5
identical to the issue decided in the Chancery Court; (2) the E
issue was litigated in the Chancery Court; (3) resolution of the Q
issue was essential to a final judgment in the Chancery Court; i
(

Case 1:04-cv-00419-JJF Document 24 Filed O3/31/2005 Page 2 of 2
and (4) plaintiff had a full and fair opportunity to litigate the
issue in the Chancery Court:
NOW THEREFORE, IT IS HEREBY ORDERED that:
l) Plaintiff’s Motion for Indemnification (D.I. 5) is
DENIED;
2) Plaintiff’s Motion To Stay Until Indemnification Is
Confirmed Against State Farm Per Chancery Court 7/24/O4 Order
Indemnifying Plaintiff (D.I. l0) is DENIED as moot.
r» V I- =%
March T5 ) ,2005 0,‘· 9 L-@<»~*~ °
DATE U;§TED S‘A`““ DISTRICT JUDGE
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Case 1:04-cv-00419-JJF

Document 24

Filed 03/31/2005

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Case 1:04-cv-00419-JJF

Document 24

Filed 03/31/2005

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