American Select Insurance Company v. Heartland Roofing, LLC et al, No. 3:2020cv00448 - Document 35 (M.D. Tenn. 2021)

Court Description: AGREED FINAL JUDGMENT. Signed by District Judge Aleta A. Trauger on 2/11/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)

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American Select Insurance Company v. Heartland Roofing, LLC et al Doc. 35 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DMSION AMERICAN SELECT INSURANCE COMPANY, Plaintiff, vs. HEARTLAND ROOFING, LLC, HEARTLAND ROOFING, SIDING, WINDOWS, LLC, and COREY GERULIS Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:20-cv-00448 ruDGE ALETA A. TRAUGER ruRY TRIAL DEMANDED AGREED FINAL JUDGMENT Pending before the Court is the parties' Joint Motion to Enter Agreed Final Judgment. It appearing to the Court, as evidenced by the parties' signatures below, that to avoid the time, expense and uncertainty of protracted litigation, the parties have reached an agreement and compromise to settle the above-captioned action. Thus, having reviewed the Joint Motion to Enter Agreed Final Judgment, and having determined that the laws and equities of the cause support their agreement, the Court enters this Agreed Final Judgment as follows: 1. This Court has jurisdiction over the subject matter of this lawsuit and over all 2. Defendants Heartland Roofing, LLC and Heartland Roofing, Siding, Windows, parties. LLC (collectively, "Heartland Defendants") consent to a money judgment being entered against the Heartland Defendants, joint and severally, in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). 3. Defendant Corey Gerulis is not personally, vicariously, or otherwise liable for any liabilities of the Heartland Defendants arising out of the above-captioned action. Any and all Page 1 of3 Case 3:20-cv-00448 Document 35 Filed 02/11/21 Page 1 of 3 PageID #: 137 Dockets.Justia.com claims arising out of, or related to, the above-captioned action or this Agreed Final Judgment that exist now or may exist in the future against Mr. Gerulis are hereby DISMISSED with prejudice. 4. This Agreed Final Judgment shall not be construed as an admission of liability, or used as a waiver or limitation of any defense otherwise available to Defendants in any other action, or of Defendants' right to defend from, or make any arguments in, any other action relating to the subject matter of the above-captioned action. 5. This Agreed Final Judgment constitutes a final judgment of this Court, resolving all issues remaining in the case and constituting a final order. 6. That each party shall be responsible for their own attorney' s fees, court cost and discretionary costs. 7. That any outstanding court cost shall be taxed to the Heartland Defendants. It is SO ORDERED. ALETA A. TRAUGER U.S. District Judge Page 2 of3 Case 3:20-cv-00448 Document 35 Filed 02/11/21 Page 2 of 3 PageID #: 138 APPROVED FOR ENTRY: Isl .Mattlteu,. &mnoJh.l MATTHEW CONNOLLY (admitted pro hac vice) de Luca Levine, LLC Three Valley Square, Suite 220 Blue Bell, PA 19422 215-383-0081 Mconnolly@delucalevine.com Isl f.duuvuL 9Ja.8A EDWARD U. BABB, BPR#013707 Butler, Vines and Babb, PLLC 2701 Kingston Pike Knoxville, TN 37901-2649 865-244-3926 eBabb@bvblaw.com Attorneys for Plaintiff /s/ Byron M. Gill Byron M. Gill, BPR# 022802 Jacob L. Perry, BPR# 034388 Rochelle, McCulloch & Aulds, PLLC 109 N. Castle Heights A venue Lebanon, TN 37087 bgill@1ma-law.com jpen-y@rma-law.com Attorneys for Defendants Page3 of3 Case 3:20-cv-00448 Document 35 Filed 02/11/21 Page 3 of 3 PageID #: 139

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