American Precision Industries, Inc. v. Federal Insurance Company et al, No. 1:2014cv01050 - Document 48 (W.D.N.Y. 2018)
Court Description: ORDER granting in part and denying in part 33 Motion for Discovery; granting 35 Motion for Joinder; granting in part and denying in part 36 Motion for Discovery. Signed by Hon. H. Kenneth Schroeder Jr. on 3/8/2018. (HKG)
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7, 74-76, 84, and the analogous Requests from Fireman’s and North River, within 45 days of this Decision and Order. Regarding Federal Request No. 33, calling for an admission that “API is seeking reimbursement for amounts it spent for the defense of non-API entities in 752 Underlying Asbestos Suits,” this Court finds that API’s response was sufficient given the vague and misleading term “non-API entities.” Defendants define “non-API entities” as: “any and all entities not named American Precision Industries Inc. for whom API -8- expended money to defend underlying Asbestos Suits for which API is seeking reimbursement in this Declaratory Judgment Action, and/or any and all entities not named American Precision Industries for whom API is seeking a defense in the Declaratory Judgment Action for in current and future Underlying Asbestos Suits.” Dkt. No. 33-5, p. 4. API objected to Defendants definition of “non-API entities” and provided the following response: API specifically objects to this request on the ground that the phrase “nonAPI entities” is vague and ambiguous. Subject to and without waiving its objections, API admits that it seeks, among other things, coverage for amounts expended to defend actions alleging liabilities retained by API in 1996 in lawsuits improperly naming other entities as defendants. Dkt. No. 33-7, p. 14. API’s response is both legally and factually sufficient. API cannot be compelled to abandon its legal theory that the liabilities of Basco, Heat Transfer, and AirTech are in fact API’s own liabilities. Therefore, defendants’ motion to deem this matter admitted is denied. -9- Based on the foregoing, North River’s Motion for Joinder (Dkt. No. 35) is GRANTED; and Federal’s and Fireman’s Motions for relief under Federal Rule of Civil Procedure 36 (Dkt. Nos. 33 & 36) are GRANTED IN PART and DENIED IN PART. API is hereby directed to answer Federal Request Nos. 32, 40-42, 50, 57-59, 67, 74-76, 84, and the analogous Requests from Fireman’s and North River, within 45 days of this Decision and Order. SO ORDERED. DATED: Buffalo, New York March 8, 2018 s/ H. Kenneth Schroeder, Jr. H. KENNETH SCHROEDER, JR. United States Magistrate Judge -10-
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