Danaher Corporation v. The Travelers Indemnity Company et al
| Danaher Corporation |
| The Travelers Indemnity Company, Travelers Casualty and Surety Company and North River Insurance Company |
| 1:2010cv00121 |
| January 7, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Barbara S. Jones |
| Theodore H. Katz |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
724
ORDER DISMISSING DEFENDANT EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY,n/k/a/ ONEBEACON AMERICA INSURANCE COMPANY WITHOUT PREJUDICE: WHEREFORE, Employers Commercial Union Insurance Company, n/k/a OneBeacon America Insurance Company is hereby dismissed as a defendant in this action without prejudice. The motion at Docket No. 722 is denied as moot. So Ordered. Employers Commercial Union Insurance Company terminated. (Signed by Judge J. Paul Oetken on 1/21/2022) (js)
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Filing
711
OPINION AND ORDER re: 682 MOTION for Leave to Appeal filed by Danaher Corporation, 695 MOTION for Joinder in Travelers' opposition brief. filed by Continental Casualty Company, 673 MOTION for Joinder < i>Defendant Allianz's Joinder in Travelers' Brief in Opposition to Danaher's Motion to Substitute Fortive Corporation as Plaintiff and Amend the Caption. filed by Allianz Underwriters Insurance Company, 674 MOTION for Join der in Traveler's Brief in Opposition to Danaher's Motion to Substitute Fortive Corporation as Plaintiff and Amend the Caption. filed by Employers Insurance Company of Wausau, 672 MOTION for Joinder Defendant TIG Insuranc e Company's Joinder in Travelers' Brief in Opposition to Danaher's Motion to Substitute Fortive Corporation as Plaintiff and Amend the Caption. filed by International Insurance Company, 692 MOTION for Joinder in Travele rs' opposition brief. filed by Unigard Mutual Insurance Company Inc., 658 MOTION to Substitute Party. Old Party: Danaher Corporation, New Party: Fortive Corporation . filed by Danaher Corporation, 686 MOTION for Reco nsideration re; Notice Regarding Deleted Document 667 Opinion and Order. filed by North River Insurance Company. For the foregoing reasons, Danaher and Atlas Copco's motion to for leave to appeal is DENIED; NRs motions for recons ideration, leave to appeal, and clarification are DENIED; and Danaher's motion to substitute party is GRANTED. Counsel for Fortive shall appear on or before November 30, 2020. All parties, with Fortive in place of Danaher, are directed to mee t and confer regarding further proceedings. On or before December 11, 2020, the parties shall submit a joint status letter addressing proposals for such proceedings, including the earlier proposal that this matter be referred for supplemental allo cation proceedings. (Dkt. No. 522 at 24; Dkt. No. 618 at 16.) Danaher Corporation is hereby replaced by Fortive Corporation as a party in this action, and the case caption shall be amended accordingly. The Clerk of Court is directed to close the motions at Docket Numbers 658, 672, 673, 674, 682, 686, 692, and 695. SO ORDERED. Fortive Corporation added. Danaher Corporation, Danaher Corporation and Danaher Corporation terminated. (Signed by Judge J. Paul Oetken on 11/16/2020) (jca)
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Filing
694
OPINION AND ORDER (REDACTED): The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the parties' arguments are either premature, moot, or without merit. For the foregoing reasons, Plaintiff Danaher and Third-Party Defendant Atlas Copco's motion for partial summary judgment (Dkt. No. 519) is GRANTED in part and DENIED in part; Defendant and Third-Party Plaintiff Travelers' motion for partial summary judgment (Dkt. No. 510) is GRANTED in part and DENIED in part; the Excess Insurers' motions for summary judgment (Dkt. Nos. 483, 488, 492, 496, 498, 503, 515, 520, 531) are DENIED; and the Post- Acquisition Insurers' motions for summary judgment (Dkt. Nos. 504, 517, 529, 551) are GRANTED. The parties are directed to meet and confer regarding further proceedings. On or before November 8, 2019, the parties shall submit a joint status letter not exceeding ten (10) pages addressing the parties' proposals regard ing further proceedings. Any such status letter shall address Danaher, Atlas Copco, and Travelers' joint suggestion (Dkt. No. 522 at 24; Dkt. No. 618 at 16) that the Court at this time refer this matter for supplemental allocation proceedings, t o be conducted in a manner consistent with this opinion. The Clerk of Court is directed to close the motions at Docket Numbers 483, 488, 492, 496, 498, 503, 504, 510, 515, 517, 519, 520, 529, 531, and 551. SO ORDERED. (Redacted version placed on the docket on October 31, 2019.) (Signed by Judge J. Paul Oetken on 10/10/2019) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing
667
OPINION AND ORDER: re: 503 MOTION for Joinder in Continental Casualty Company's Motion for Summary Judgment Based on Lack of Justiciability . filed by North River Insurance Company, 529 MOTION for Partial Summary Judg ment . filed by Century Indemnity Company, 551 MOTION for Partial Summary Judgment . filed by Liberty Mutual Fire Insurance Company, 531 MOTION to Dismiss Travelers Claim for Contribution against North River an d Dismiss All Claims to the Extent they Seek Defense Costs Under Certain Policies for Non-Covered Claims. filed by North River Insurance Company, 510 MOTION for Partial Summary Judgment . filed by The Travelers Indemnity Comp any, Travelers Casualty and Surety Company, 483 MOTION for Summary Judgment . filed by Continental Casualty Company, 519 MOTION for Partial Summary Judgment . filed by Danaher Corporation, 515 MOTION for Joi nder in Continental Casualty Companys Motion for Summary Judgment Based on Lack of Justiciability. filed by National Union Fire Insurance Company Of Pittsburgh, PA, Granite State Insurance Company, 498 MOTION for Summary Judgmen t . filed by Employers Insurance Company of Wausau, 496 MOTION for Joinder in Continental Casualty Company's Motion for Summary Judgment Based on Lack of Justiciability. filed by Employers Commercial Union Insurance C ompany, 520 MOTION for Summary Judgment . filed by Unigard Mutual Insurance Company Inc., 504 MOTION for Summary Judgment . filed by Trygg-Hansa Insurance Company, LTD., 492 MOTION for Summary Judgment . fil ed by Allianz Underwriters Insurance Company, 488 MOTION for Summary Judgment . filed by International Insurance Company, 517 MOTION for Summary Judgment . filed by Zurich Insurance plc. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the parties arguments are either premature, moot, or without merit. For the foregoing reasons, Plaintiff Danaher and Third-Party Defendant Atlas Copco's motion for pa rtial summary judgment (Dkt. No. 519) is GRANTED in part and DENIED in part; Defendant and Third-Party Plaintiff Travelers' motion for partial summary judgment (Dkt. No. 510) is GRANTED in part and DENIED in part; the Excess Insurers' motio ns for summary judgment (Dkt. Nos. 483, 488, 492, 496, 498, 503, 515, 520, 531) are DENIED; and the Post-Acquisition Insurers motions for summary judgment (Dkt. Nos. 504, 517, 529, 551) are GRANTED.The parties are directed to meet and confer regardin g further proceedings. On or before November 8, 2019, the parties shall submit a joint status letter not exceeding ten (10) pages addressing the parties' proposals regarding further proceedings. Any such status letter shall address Danaher, Atla s Copco, and Travelers' joint suggestion (Dkt. No. 522 at 24; Dkt. No. 618 at 16) that the Court at this time refer this matter for supplemental allocation proceedings, to be conducted in a manner consistent with this opinion. The Clerk of Court is directed to close the motions at Docket Numbers 483, 488, 492, 496, 498, 503, 504, 510, 515, 517, 519, 520, 529, 531, and 551.SO ORDERED. (Signed by Judge J. Paul Oetken on 10/10/2019) (js) Modified on 10/10/2019 (js).
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Filing
429
OPINION AND ORDER: re: 302 MOTION To Reinstate The Second Amended Third Party Complaint Against Trygg-Hansa Insurance Company, Ltd. filed by The Travelers Indemnity Company, Travelers Casualty and Surety Company, 300 MOTIO N for Entry of Judgment under Rule 54(b) and to Stay Execution of Partial Final Judgment Pending Appeal filed by The Travelers Indemnity Company, Travelers Casualty and Surety Company. For the foregoing reasons, Travelers' motion fo r entry of a partial final judgment under Rule 54(b) is DENIED. Because the Rule 54(b) motion is denied, Travelers' request to stay execution of the proposed partial final judgment pending appeal is also DENIED. Travelers motion to amend the Sec ond Amended Third Party Complaint to add claims against Trygg-Hansa is GRANTED. The motion is granted only insofar as Travelers seeks to amend the Complaint to reinstate the claims against Trygg-Hansa as described in the briefs on this issue. (Dkt. N os. 303, 320.) Travelers may not otherwise amend the Second Amended Third Party Complaint without further leave of the Court.Travelers is directed to file its Third Amended Third Party Complaint on or before April 6, 2016 and to serve that pleading o n Trygg-Hansa. Trygg-Hansa shall file an answer within three weeks of service. The parties that have filed motions since February 1, 2016 (See Dkt. Nos. 327, 329, 331, 341, 342, 345, 360, 362, 363, 375) are directed to confer and to file a joint lett er indicating whether they wish to rest on the arguments in those motions in light of the Third Amended Third Party Complaint. That letter shall be submitted to the Court on or before April 13, 2016. The Clerk of Court is directed to close the motions at docket numbers 300 and 302. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/30/2016) (ama)
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Filing
295
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 225 MOTION for Attorney Fees and Pre-Judgment Interest, filed by Danaher Corporation, 230 MOTION for Attorney Fees filed by Atlas Copco North America, Inc. For the fore going reasons, Travelers' objections are OVERRULED following the Court's de novo review. The Court has also reviewed the remainder of the Report, to which Travelers did not specifically object, and concludes that it is not clearly erroneous . Accordingly, Magistrate Judge Francis's Report and Recommendation is ADOPTED in full. The motions for attorney's fees by Atlas Copco and Danaher are GRANTED. Atlas Copco is awarded $234,490.45, plus statutory prejudgment interest fr om the date of each invoice, for fees and costs arising from the duty to defend litigation. Additionally, Atlas Copco and Danaher are awarded $8,720,181.85, plus statutory prejudgment interest from the date of each invoice, for fees and costs arising from the underlying claims. The Clerk of the Court is directed to terminate the motions at docket numbers 225 and 230. (Signed by Judge J. Paul Oetken on 4/13/2015) (kko)
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Filing
278
OPINION AND ORDER re: 204 FIRST MOTION for Joinder Trygg-Hansa Insurance Company Ltd's Motion to Dismiss the Second Amended Third Party Complaint filed by AIU Insurance Company, 215 MOTION to Compel Arbitration and to Dismi ss filed by Industria Insurance Company LTD., 205 MOTION to Compel Arbitration and. MOTION to Dismiss filed by Trygg-Hansa Insurance Company, LTD. For the foregoing reasons, it is hereby ORDERED that: Industria's motion to dismiss pursuant to Rule 12(b)(2) is DENIED; Industria's and Trygg-Hansa's motions to compel arbitration are DENIED;Trygg-Hansa's and AIU's motions to dismiss pursuant to Rule 12(b)(6) are GRANTED, and all claims against Trygg- Hansa and AIU are DISMISSED; and Industria's motion to dismiss pursuant to Rule 12(b)(6) is DENIED. Industria's answer to the SAC shall be filed by January 15, 2015. The Clerk of the Court is directed to terminate the motions at docket numbers 204, 205, and 215. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/11/2014) (ama)
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Filing
245
MEMORANDUM AND ORDER re: 225 MOTION for Attorney Fees and Pre-Judgment Interest filed by Danaher Corporation, 230 MOTION for Attorney Fees filed by Atlas Copco North America, Inc.: Within 30 days of the date of th is order, Danaher and Atlas Copco shall submit supplemental memoranda (one for each fee application at issue) addressing the deficiencies identified above. Travelers shall have 14 days to respond, and Danaher and Atlas Copco shall submit replies, if any, within seven days of those responses. (Signed by Magistrate Judge James C. Francis on 9/30/2014) Copies Mailed By Chambers. (tn)
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Filing
189
AMENDED OPINION AND ORDER re: 181 MOTION To hold Travelers in contempt for failure to comply with this Court's April 5, 2013 order re: 167 Order Adopting Report and Recommendations,. filed by Atlas Copco North America, Inc., 163 MOTION For Contempt. filed by Danaher Corporation, 154 MOTION to Dismiss / Notice of Motion to Dismiss. filed by Trygg-Hansa Insurance Company, LTD., 144 MOTION to Dismiss BY INDUSTRIA INSURANCE COMPANY. filed by Industria Insurance Company L TD., 152 MOTION to Dismiss Amended Third-Party Complaint. filed by Century Indemnity Company.For the foregoing reasons, it is hereby ORDERED that: Industria's motion to dismiss pursuant to Rule 12(b)(2) is GRANTED; The Impleaded Insurer s' motions to dismiss pursuant to Rule 12(b)(6) are GRANTED; Danaher and Atlas Copco's motion for contempt is DENIED without prejudice; and Atlas Copco's motion for contempt is DENIED without prejudice. Travelers is granted leave to amend its third-party complaint within 30 days of this Order. The Clerk of Court is directed to terminate the motions at docket numbers 144, 152, 154, 163, and 181. (Signed by Judge J. Paul Oetken on 3/21/2014) (lmb)
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Filing
187
OPINION AND ORDER re: 181 MOTION To hold Travelers in contempt for failure to comply with this Court's April 5, 2013 order re: 167 Order Adopting Report and Recommendations, filed by Atlas Copco North America, Inc., 163 MOTION For Contemp t filed by Danaher Corporation, 154 MOTION to Dismiss / Notice of Motion to Dismiss filed by Trygg-Hansa Insurance Company, LTD., 144 MOTION to Dismiss BY INDUSTRIA INSURANCE COMPANY filed by Industria Insurance Company LTD., 152 MOTION to Dismiss Amended Third-Party Complaint filed by Century Indemnity Company. For the foregoing reasons, it is hereby ORDERED that: Industria's motion to dismiss pursuant to Rule 12(b)(2) is GRANTED; The Impleaded Insurers' mot ions to dismiss pursuant to Rule 12(b)(6) are GRANTED; Danaher and Atlas Copco's motion for contempt is DENIED without prejudice; and Atlas Copco's motion for contempt is DENIED without prejudice. Travelers is granted leave to amend its third-party complaint within 30 days of this Order. The Clerk of Court is directed to terminate the motions at docket numbers 144, 152, 154, 163, and 181. (Signed by Judge J. Paul Oetken on 3/20/2014) (lmb)
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Filing
167
MEMORANDUM AND ORDER adopting 131 Report and Recommendations re : 107 Motion for Partial Summary Judgment filed by Atlas Copco North America, Inc. For the foregoing reasons, Defendants motion to dismiss is DENIED. The Clerk of the Court is directed to close the Motion at Docket Number 8. SO ORDERED.(Signed by Judge J. Paul Oetken on 4/05/2013) (ama)
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