Sentinel Insurance Company, LTD. v. VLM Foods, Inc. et al, No. 1:2019cv01395 - Document 276 (E.D. Va. 2021)

Court Description: MEMORANDUM OPINION: For the reasons stated in open court and in this Memorandum Opinion, Sentinel'ssummary judgment motion against Patagonia and VLM [Dkt. No. 209] has been GRANTED,and Patagonia's and VLM's cross-motions for summary ju dgment against Sentinel [Dkt. No. 200and 210, respectively] DENIED. As a result, VLM and Patagonia are jointly and severally liableto Sentinel in the amount of $3,548,292.90, plus pre-judgment interest. This leaves as the onlyunresolved issue be tween these parties the attorney's fees and costs which Sentinel incurred inthis litigation. In addition, because Sentinel is entitled to a full recovery under Count I of itsThird Amended Complaint, Count II will be DISMISSED, as will all claims against VLM FoodsUSA, Inc. and ICAPP.Moreover, Patagonia's summary judgment motion against VLM [Dkt. No. 203] has beenGRANTED, and VLM's cross-motion for summary judgment on Patagonia's crossclaim [Dkt.No. 212] has been DENIED. As a r esult, VLM must indemnify Patagonia for Patagonia's liability to Sentinel, and if Patagonia seeks reimbursement for its attorney's fees and costs incurred in this litigation, VLM will be liable for those fees and costs to the extent they ar e found to be reasonable. A motion reflecting these decisions and setting schedules for briefing the unresolvedclaims for attorney's fees and costs will be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 10/1/21. (yguy)