Guam Industrial Services, Inc., dba Guam Shipyard et al v. Zurich American Insurance Company et al

Defendant: Starr Indemnity and Liability Company and Zurich American Insurance Company
Plaintiff: Guam Industrial Services, Inc., dba Guam Shipyard and Mathews Pothen
 
Case Number: 1:2011cv00014
Filed: May 26, 2011
 
Court: Guam District Court
Office: Hagatna Office
County: Guam
Presiding Judge: Frances M. Tydingco-Gatewood
Referring Judge: Joaquin V.E. Manibusan
 
Nature of Suit: Marine
Cause of Action: 28:1333
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
August 2, 2012 104 Featured Case Order re: 48 Motion to Strike Defendant Starr Indemnity and Liability Company's Answer and for Default Judgment; 82 Stipulation re: Motion to Strike Starr's Answer and Leave for Plaintiffs to File a Third Amended Complaint. The court GRANTS the stipulation and ORDERS the following: 1. Plaintiffs are granted leave to file a Third Amended Complaint within fourteen (14) days of this court order. 2. Pursuant to 22 G.C.A. Section 15207, Defendant Starr shall post a suret y bond in the amount of $3,706,911.00 within thirty (30) days of this court order. 3. Nothing in the parties' stipulation or in this court order shall prevent the Plaintiffs from filing the same Motion to Strike or similar motion, in the ev ent Defendant Starr fails to post a surety bond pursuant to 22 G.C.A. Section 15207. In light of the parties' stipulation, the hearing date scheduled for August 22, 2012 to hear the Plaintiffs' Motion to Strike and for Default Judgment is hereby VACATED. Signed by Chief Judge Frances M. Tydingco-Gatewood on 8/2/2012. (fad, )
August 26, 2013 217 Featured Case Order Re: Sanctions. The court finds: (1) Plaintiffs failed to comply with a court order which required the video taking of an inspection on board the dry dock Machinist on November 3, 2011. (2) Plaintiffs' belief that a camera pass issued by VC C was required prior to entry into the GISI facility was not substantially justified because their belief had no reasonable basis in law and fact. (3) There exists no other circumstances which would make an award of expenses unjust. (4) Defendants ar e entitled to receive from Plaintiffs the sum of $8,975.00 as their reasonable costs and attorneys' fees. Plaintiff shall make this payment within 30 days of this order. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 8/26/2013. (related document(s): 195 Guam Industrial Services, Inc. dba Guam Shipyard, and Mathews Pothen's Opposition and Objections to 193 Zurich's Request for Money Sanctions filed by All Plaintiffs, 98 Motion for Sanctions). (fad, )
September 13, 2013 220 Featured Case Decision and Order granting 89 Zurich and Starr's Motion for Partial Summary Judgment on Count II; denying 131 Guam Shipyard and Pothen's Motion for Summary Judgment on Count II; granting 169 Zurich's Motion for Partial Summary J udgment on Count I; denying 176 Guam Shipyard's Cross-Motion for Summary Judgment on Count I. This results in the dismissal, in entirety, of Guam Shipyard and Pothen's complaint. Zurich and Starr, however, have filed their own complaint for declaratory relief. That complaint's basic aim is a declaration that there is no insurance coverage here, which the court effectively provides in this decision. However, the Court notes that this complaint also seeks costs and other appropriate relief and that this decision does not rule on those claims. Signed by Chief Judge Frances M. Tydingco-Gatewood on 9/13/2013. (fad, )

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Defendant: Starr Indemnity and Liability Company
Represented By: Andrew B. Downs
Represented By: Marilyn Raia
Represented By: Thomas C. Sterling
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Defendant: Zurich American Insurance Company
Represented By: Marilyn Raia
Represented By: Andrew B. Downs
Represented By: Thomas C. Sterling
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Plaintiff: Guam Industrial Services, Inc., dba Guam Shipyard
Represented By: David Ledger
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Plaintiff: Mathews Pothen
Represented By: David Ledger
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