Columbus McKinnon Corporation v. The Travelers Indemnity Company et al
Columbus McKinnon Corporation |
The Travelers Indemnity Company and Liberty Mutual Insurance Company |
1:2015cv05088 |
June 29, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
Erie |
Victor Marrero |
Insurance |
28 U.S.C. ยง 1332 |
Plaintiff |
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Filing 216 ORDER: Accordingly, it is hereby ORDERED that the parties confer and submit a joint letter, not to exceed three (3) pages, within thirty (30) days of the date of this Order. The letter should address the status of this action, which issues remain for trial, how long of a trial is contemplated, whether the parties seek a jury trial or a bench trial, and when the parties would be ready to proceed to trial. And as set forth herein. SO ORDERED. (Signed by Judge Victor Marrero on 7/08/2020) (ama) |
Filing 215 ORDER re: 205 Order on Motion to Seal Document, 210 Order on Motion for Extension of Time. This Court having reviewed the sample documents in camera, and having found the redactions appropriate, it is hereby ORDERED that the documents previou sly filed under seal by the parties in connection with the summary judgment briefing shall remain under seal, except to the extent of the material that has now been filed publicly by counsel. This Court will separately undertake to file the parties' and intervenors' January 27, 2020 submission under seal. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 2/12/2020) Copies to All counsel (via ECF). (kv) |
Filing 190 DECISION AND ORDER for 128 Motion for Summary Judgment filed by The Travelers Indemnity Company, 136 Motion for Partial Summary Judgment filed by Liberty Mutual Insurance Company, 130 Motion for Summary Judgment filed by The Travelers Indemnity Company, 132 Motion for Summary Judgment filed by The Travelers Indemnity Company, 168 Report and Recommendations 135 Motion for Partial Summary Judgment filed by Liberty Mutual Insurance Company, 114 Motion for Partial Sum mary Judgment filed by Columbus McKinnon Corporation. For the reasons discussed above, it is hereby ORDERED that the Report and Recommendation of Magistrate Judge Debra Freeman dated August 10, 2018 (Dkt. No. 168) is adopted in its entirety, and th e objections of Plaintiff Columbus McKinnon Corporation, Defendant/Third-Party Plaintiff The Travelers Indemnity Company, and Defendant Liberty Mutual Insurance Company (Dkt. Nos. 178, 179, 180) are DENIED. It is further ORDERED that Plaintiff' s motion for partial summary judgment (Dkt. No. 114) is GRANTED IN PART AND DENIED IN PART;and it is furtherORDERED that Defendants' cross-motion for partial summary judgment regarding the duty to defend (Dkt. No. 132) is GRANTED IN PART AND DEN IED IN PART; and it is further ORDERED that Defendants' cross-motion for partial summary judgment regarding allocation of defense costs (Dkt. No. 136) is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that Defendants' cross-m otion for partial summary judgment regarding Plaintiff's breach of the cooperation and voluntary payments provisions (Dkt. No. 128) is DENIED; and it is further ORDERED that Liberty Mutual's cross-motion for partial summary judgment regardi ng defense rates (Dkt. No. 135) is DENIED; and it is finally ORDERED that Defendants' cross-motion for partial summary judgment regarding the duty to indemnify (Dkt. No. 130) is GRANTED IN PART AND DENIED IN PART. SO ORDERED. (Signed by Judge Victor Marrero on 9/28/2018) (ne) |
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