National Union Fire Insurance Company of Pittsburg, PA v. Ready Pac Foods, Inc., No. 2:2009cv03220 - Document 196 (C.D. Cal. 2011)

Court Description: JUDGMENT ON THE LOST PATRONAGE CLAIM by Judge Ronald S.W. Lew. In accordance with the Court's Order 195 granting 172 Plaintiff National Union Fire Insurance Company's Motion for Certification of FRCP 54(b) Judgment and Request for Stay of Proceedings, IT IS HEREBY ORDERED, THAT final final judgment is entered in favor of Plaintiff National Union, Third-Party Defendant St. Paul Fire, and Plaintiff-in-Intervention American Guarantee with regard to the Lost Patronage Claim pursuant to Federal Rule of Civil Procedure 54(b). Plaintiff National Union is ordered to file a status report on or before August 10, 2011 and every ninety days thereafter, until further order of the Court. Further proceedings in this case are hereby stayed until resolution of any appeal. (see attached document for details.) (lom)

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National Union Fire Insurance Company of Pittsburg, PA v. Ready Pac Foods, Inc. Doc. 196 1 2 3 4 No JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 National Union Fire Insurance Company of 12 Pittsburgh, PA and American Guarantee & Liability 13 Insurance Company, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ) ) ) ) ) ) ) Plaintiff/Intervening ) Plaintiff, ) ) v. ) ) ) Ready Pac Foods, Inc. and ) Taco Bell Corp., ) ) Defendant/Intervening ) Defendant. ) ) ) Taco Bell Corp., ) ) Third-Party Plaintiff, ) ) v. ) ) ) ) St. Paul Fire and Marine ) Insurance Company, ) ) Third-Party Defendant. ) ) ) CV 09-3220 RSWL (MANx) JUDGMENT ON THE LOST PATRONAGE CLAIM 28 1 Dockets.Justia.com 1 In accordance with the Court’s Order granting 2 Plaintiff National Union Fire Insurance Company’s 3 Motion for Certification of FRCP 54(b) Judgment and 4 Request for Stay of Proceedings, 5 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 6 there is no just reason for delay of entry of final 7 judgment with regard to Taco Bell’s claim for coverage 8 for the losses suffered because of the decline in 9 patronage at all Taco Bell restaurants as a consequence 10 of the bodily injuries suffered by Taco Bell customers 11 and property damage to Taco Bell food products (“Lost 12 Patronage Claim”). 13 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 14 the Court’s March 18, 2011 Amended Order granting the 15 Motions for Partial Summary Judgement of Plaintiff 16 National Union Fire Insurance Company (“National 17 Union”), Third-Party Defendant St. Paul Fire and Marine 18 Insurance Company (“St. Paul Fire”) and Plaintiff-in19 Intervention American Guarantee & Liability Insurance 20 Company (“American Guarantee”) with regard to the Lost 21 Patronage Claim is certified as a final judgment 22 pursuant to Federal Rule of Civil Procedure 54(b). 23 Moreover, further proceedings in this case are hereby 24 stayed until resolution of any appeal. 25 Plaintiff National Union is ordered to file a 26 status report on or before August 10, 2011 and every 27 ninety days thereafter, until further order of the 28 Court. The Clerk of the Court is hereby directed to 2 1 enter final judgment in favor of Plaintiff National 2 Union, Third-Party Defendant St. Paul Fire, and 3 Plaintiff-in-Intervention American Guarantee with 4 regard to the Lost Patronage Claim pursuant to Federal 5 Rule of Civil Procedure 54(b). 6 7 DATED: May 9, 2011 8 IT IS SO ORDERED. 9 10 11 12 HONORABLE RONALD S.W. LEW Senior, U.S. District Court Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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