Foster Poultry Farms, Inc. v. XL Insurance et al
Plaintiff: Foster Poultry Farms, Inc.
Defendant: XL Insurance and Certain Underwriters of Lloyd's, London
Case Number: 1:2014cv00953
Filed: June 18, 2014
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Merced
Presiding Judge: UnassignedDJ
Presiding Judge: Stanley A. Boone
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 25, 2016 Opinion or Order Filing 143 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/25/2016 ORDERING that this action is DISMISSED with prejudice, with each party to bear its own costs and fees. CASE CLOSED. (Zignago, K.)
February 11, 2016 Opinion or Order Filing 133 MEMORANDUM OF DECISION signed by Senior Judge William B. Shubb on 2/11/2016: For the reasons stated herein, the court hereby finds for Foster on its breach of contract claim and finds that Foster suffered Loss in the amount of $2,706,398.00 cov ered by the Policy. This matter is set for oral argument on 4/4/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb for the limited purpose of allowing the parties to address the remaining issues of: (1) whether Foster is e ntitled to prejudgment interest; (2) how the $2 million retention under the Policy should be treated; (3) whether defendant is entitled to any offset from Foster's settlement with Orkin; and, if so, (4) the amount of such offset. IT IS SO ORDERED. (See document for further details.) (Kirksey Smith, K)
January 20, 2016 Opinion or Order Filing 117 AMENDED MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 1/20/2016 Amending 59 Memorandum and Order filed 10/9/2015: IT IS ORDERED that: 1) 46 Foster's Motion for Partial Summary Judgment on its declaratory relief cla im be, and the same hereby is, GRANTED; 2) Insurers' 47 Motion for Summary Judgment on both of Foster's claims be, and the same hereby is, DENIED; and 3) Foster's 54 Motion to Strike be, and the same hereby is, DENIED as moot as to summary judgment and DENIED without prejudice as to trial. This Order supersedes and replaces the 59 Court's previous Order of October 9, 2015, 2015 WL 5920289, nunc pro tunc.. (Kirksey Smith, K)
November 20, 2015 Opinion or Order Filing 70 ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 11/20/2015. (Timken, A)
October 9, 2015 Opinion or Order Filing 59 MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 10/9/2015 re Motions for Summary Judgment; Motion to Strike: IT IS ORDERED that: 1) 46 Foster's Motion for Partial Summary Judgment on its declaratory relief claim be, and the s ame hereby is, GRANTED; 2) 47 Insurers' Motion for Summary Judgment on both of Foster's claims be, and the same hereby is, DENIED; and 3) 54 Foster's Motion to Strike be, and the same hereby is, DENIED as MOOT as to summary judgment and DENIED WITHOUT PREJUDICE as to trial. (Kirksey Smith, K)
September 23, 2015 Opinion or Order Filing 52 ORDER signed by Senior Judge William B. Shubb on 9/23/2015 DENYING 42 Plaintiff's Request to Seal and DENYING 48 Defendant Certain Underwriters of Lloyd's Request to Seal. (Kirksey Smith, K)
September 3, 2015 Opinion or Order Filing 45 ORDER signed by Senior Judge William B. Shubb on 9/3/2015 DENYING the parties' 38 , 39 Requests to Seal Documents. (Kirksey Smith, K)
May 14, 2015 Opinion or Order Filing 29 ORDER AMENDING SCHEDULING ORDER. Signed by Magistrate Judge Stanley A. Boone on 5/13/2015. (Hernandez, M)
February 26, 2015 Opinion or Order Filing 27 Order amending scheduling order, signed by Magistrate Judge Stanley A. Boone on 2/25/2015. (Designation of Expert Witnesses due by 5/1/2015; Discovery due by 7/1/2015) (Figueroa, O)
February 18, 2015 Opinion or Order Filing 25 ORDER RE STIPULATED PROTECTIVE ORDER Signed by Magistrate Judge Stanley A. Boone on 2/18/2015. (Hernandez, M)
November 6, 2014 Opinion or Order Filing 23 STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/6/14: Discovery due by 11/17/2014. Dispositive Motions filed by 9/1/2015. Final Pretrial Conference set for 11/9/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 1/12/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
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Plaintiff: Foster Poultry Farms, Inc.
Represented By: Marla Harumi Kanemitsu
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Defendant: XL Insurance
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Defendant: Certain Underwriters of Lloyd's, London
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