The Hanover Insurance Company et al v. Anova Food, LLC et al
| The Hanover Insurance Company and Massachusetts Bay Insurance Company |
| Anova Food, LLC and Anova Food, Inc. |
| 1:2014cv00281 |
| June 19, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| RICHARD L. PUGLISI |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
253
ORDER OVERRULING ANOVA FOOD, LLC'S OBJECTION TO FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS (ECF NO. 248 ) AND ADOPTING THE MAGISTRATE JUDGE'S SEP TEMBER 29, 2017 FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS (ECF NO. 247 ) - Signed by JUDGE HELEN GILLMOR on 1/24/2018. "Plaintiff's Objections to the Magistrate Judge's Findings and Recommendation (ECF No. 248) are OVERRULED. Pursuant to 28 U.S.C. § 636(b) (1)(C) and Local Rule 74.2, the "FINDINGS AND RECOMMENDATION TO GRANT IN PA RT AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS" (ECF No. 247) is ADOPTED AS THE OPINION AND ORDER OF THIS COURT." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
219
ORDER AWARDING ATTORNEYS' FEES INCURRED IN DEFENSE OF ANOVA FOOD, LLC re 154 - Signed by JUDGE HELEN GILLMOR on 6/9/2017. "The Court FINDS that the Hanover Companies owe an additional $250,971.41 in att orneys' fees for the defense of Anova Food, LLC in the Underlying Lawsuit. There are no remaining issues before the Court. The Clerk of Court is DIRECTED to enter judgment and CLOSE THE CASE." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
189
ORDER ON REMAINING ISSUES REGARDING THE ZOBRIST LAW FIRM'S ATTORNEYS' FEES re 101 - Signed by JUDGE HELEN GILLMOR on 10/24/2016. "The Hanover Companies shall file their accounting as required by Section III of this Order on or before Monday, November 28, 2016. The Zobrist law firm shall file its Response on or before Wednesday, December 28, 2016. The Hanover Companies may file a Reply on or before Tuesday, January 17, 2017." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
188
ORDER DENYING COUNTER-CLAIMANT ANOVA FOOD, LLC'S BAD FAITH CLAIM re 40 - Signed by JUDGE HELEN GILLMOR on 10/21/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifica tions received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
151
ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT ANOVA FOOD, INC. AND DENYING PLAINTIFFS THE HANOVER INSURANCE COMPANY AND MASSACHUSETTS BAY INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 97) AND GRANTING IN PART, AND DENYING, IN PART, DEFENDANT ANOVA FOOD LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 101) re 97 , 101 , 148 - Signed by JUDGE HELEN GILLMOR on 6/29/2016. " All claims against Anova Inc. are DISMISSED WITH PRE JUDICE. The Hanover Companies' Motion for Summary Judgment (ECF No. 97) is DENIED. Anova LLC's Motion for Partial Summary Judgment (ECF No. 101) is GRANTED, IN PART, and DENIED IN PART. The Hanover Comp anies are not entitled to recover any attorneys' fees from Anova LLC. The Hanover Companies' insurance polices covered Anova LLC for the personal and advertising injury claims asserted in the Underlying Lawsuit. The March 2015 settlement pertaining to Anova LLC included both covered and non-covered claims. Neither the Hanover Companies nor Anova LLC are entitled to recover their contributions to the March 2015 settlement in the Underlying Lawsuit. The Hanover Compa nies are required to pay reasonable attorneys' fees incurred by the Zobrist law firm in defending Anova LLC in the Underlying Lawsuit between October 12, 2012 and December 10, 2013. The only other remaining claim before the Court is Anova LLC's bad faith claim." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
113
ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT/COUNTERCLAIMANT ANOVA FOOD, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF No. 64 ). Signed by JUDGE HELEN GILLMOR on 03/24/2016. Defendant/Counter-Claimant A nova Food, LLC's Motion for Partial Summary Judgment as to the Hanover Companies' Duty to Defend as stated in Counts I, II, and III of the First Amended Complaint is GRANTED.Anova Food, LLC's Motion for Partial Summary Judgment as to Count I in its Counterclaim for Breach of Contract is DENIED. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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