COURT GRANTS MOTION FOR LEAVE FOR ENDURANCE AMERICAN SPECIALTY TO FILE ITS ANSWER AND AFFIRMATIVE DEFENSES UA'S MOTION FOR DEFAULT JUDGMENT IS DENIED MMR

On July 20, 2011 a foreclosure case was filed by Michigan Precision Grading Llc, represented by Spoonster, Joseph, against American Contractors Indemnity Company, Company Wrench Ltd, Does No Address Listed, Unknown John et al. represented by Arnold, David, Brewer, Lee, Carpenter, James et al. in the jurisdiction of Summit County. Judge MARY MARGARET ROWLANDS presiding.

                        
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Pa BORRGAN kN ober OF COMMON PLEAS UMMIT COUNTY, OHIO aavoct 11 an eR MICHIGAN PRECISION GRADING | LC ) SUMMIT Cul CASE NO. CV 201 1-07-3930 CBRE COURTS } ) JUDGE ROWLANDS -VS- ) ) QUALITY ASBESTOS, ET AL. ) JOURNAL ENTRY ) ) Defendant, ) The University of Akron (hereinafter, “UA”) , Defendant/Third Party Plaintiff, filed for leave to file a third party complaint against Endurance American Specialty Insurance (hereinafter, “Endurance”) on June 14, 2012. UA asserts that Endurance was served via certified mail on June 25, 2012, however, the docket does not indicate whether service was completed or failed. On August 21, 2012, UA filed for a default judgment against Endurance. On August 30, 2012 Endurance filed for Leave to Answer, Answer, and Affirmative Defenses. Each party has since filed various motions regarding the propriety of granting leave to Endurance. The showing of excusable neglect is a necessary prelude to filing an answer pursuant to Civ.R. 6(B) (2). Miller v. Lint (…

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