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FOUNTAIN ENTERPRISES v. MARKEL INSURANCE COMPANY

Civil No. 2:21cv27.

568 F.Supp.3d 613 (2021)

FOUNTAIN ENTERPRISES, LLC d/b/a Anytime Fitness — West Point, Vita Grata LLC d/b/a Anytime Fitness — Spokane Valley, KZone Sports, Fitness, and Wellness LLC d/b/a Anytime Fitness — Schulykill Haven, B Fit B You LLC d/b/a Anytime Fitness — Danville, EWT Enterprises Inc. d/b/a Anytime Fitness — Irwin, GMT Fitness Enterprises LLC d/b/a Anytime Fitness — Glenshaw, and Northwest Wellness & Fitness LLC d/b/a Anytime Fitness Redmond, individually and behalf of all other similarly situated, Plaintiffs, v. MARKEL INSURANCE COMPANY, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

Signed October 26, 2021.

Attorney(s) appearing for the Case

Kip Andrew Harbison , Marc Christian Greco , Michael Andrew Glasser , William H. Monroe, Jr. , Glasser & Glasser PLC, Norfolk, VA, for Plaintiffs Fountain Enterprises, LLC, Vita Grata LLC.

William H. Monroe, Jr. , Glasser & Glasser PLC, Norfolk, VA, for Plaintiffs KZone Sports, Fitness and Wellness LLC, Northwest Wellness & Fitness LLC, EWT Enterprises Inc., GMT Fitness Enterprises LLC, B Fit B You LLC.

John Becker Mumford, Jr. , Lindsay Lankford Rollins , Hancock Daniel & Johnson, Glen Allen, VA, Henrik Jonathan Redway , Dickinson Wright PLLC, Washington, DC, Timothy Mark Strong , Pro Hac Vice, Dickinson Wright PLLC, Phoenix, AZ, for Defendant.

ORDER

Pending before the Court is Defendant Markel Insurance Company's Motion to Dismiss and related Motion for Hearing on the Motion to Dismiss. ECF Nos. 11 & 17. For the following reasons, Defendant's Motion to Dismiss (ECF No. 11) is GRANTED

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