Fernandez v. Zurich American Insurance Company

Justia Dockets & Filings Second Circuit Connecticut District Court Fernandez v. Zurich American Insurance Company

Fernandez v. Zurich American Insurance Company

Plaintiff:	David Fernandez
Defendant:	Zurich American Insurance Company
Case Number:	3:2015cv00228
Filed:	February 18, 2015
Court:	US District Court for the District of Connecticut
Office:	New Haven Office
County:	Hartford
Presiding Judge:	Michael P. Shea
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
March 8, 2017	Filing 66 For the reasons discussed herein:1. Plaintiffs' 52 motion for summary judgment is GRANTED in part and DENIED in part. Plaintiffs' 52 motion is granted as to the duty-to-defend portions of Counts One, Two, Four, and Five of the second amended complaint, except that damages will be determined in a later proceeding. 2. Defendant's 49 motion for summary judgment is GRANTED in part and DENIED in part. Defendant's 49 motion is granted as to Counts Three an d Six of the second amended complaint. 3. The case proceeds as to the portions of Counts One, Two, Four, and Five of the second amended complaint concerning the duty to indemnify. The parties shall file their joint trial memorandum within < b>45 days in accordance with my instructions for such a memorandum (available on the Court's website). Should the parties wish to proceed to mediation, they shall jointly file a statement within 14 days, certifying that (1) counsel ha ve conferred with their clients and each other, (2) the parties wish to proceed to mediation, (3) the parties are willing to participate in settlement efforts in good faith, and (4) counsel believe that a mediation stands at least a reasonable chance of resolving the case without trial. If they file such a statement, the Court will postpone the deadline for the filing of the joint trial memorandum until 45 days after the parties' mediation. Signed by Judge Michael P. Shea on 3/8/2017. (Howard, H.)

Date Filed

Document Text

March 8, 2017

Filing 66 For the reasons discussed herein:1. Plaintiffs' 52 motion for summary judgment is GRANTED in part and DENIED in part. Plaintiffs' 52 motion is granted as to the duty-to-defend portions of Counts One, Two, Four, and Five of the second amended complaint, except that damages will be determined in a later proceeding. 2. Defendant's 49 motion for summary judgment is GRANTED in part and DENIED in part. Defendant's 49 motion is granted as to Counts Three an d Six of the second amended complaint. 3. The case proceeds as to the portions of Counts One, Two, Four, and Five of the second amended complaint concerning the duty to indemnify. The parties shall file their joint trial memorandum within < b>45 days in accordance with my instructions for such a memorandum (available on the Court's website). Should the parties wish to proceed to mediation, they shall jointly file a statement within 14 days, certifying that (1) counsel ha ve conferred with their clients and each other, (2) the parties wish to proceed to mediation, (3) the parties are willing to participate in settlement efforts in good faith, and (4) counsel believe that a mediation stands at least a reasonable chance of resolving the case without trial. If they file such a statement, the Court will postpone the deadline for the filing of the joint trial memorandum until 45 days after the parties' mediation. Signed by Judge Michael P. Shea on 3/8/2017. (Howard, H.)

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Plaintiff: David Fernandez
Represented By:	Garrett F. O'Keefe
Represented By:	Frank G. Usseglio
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Defendant: Zurich American Insurance Company
Represented By:	Daniel P. Scapellati
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