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06-1275 - Graybar Electric Company, Inc. v. Federal Insurance Company


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06-1275 - Graybar Electric Company, Inc. v. Federal Insurance Company
March 27, 2007
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ORDER the motion hearing on April 17, 2007 is reset from 10am to 11am. Signed by Judge David D. Noce on 3/27/07. (CQL, )
May 9, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of defendant Federal InsuranceCompany for summary judgment (Doc. 24) is denied.IT IS FURTHER ORDERED that the motion of plaintiff for partialsummary judgment (Doc. 27) is sustained in that the court will apply theproximate cause standard to the facts of this case. However, in allother respects, because the undisputed record does not clearly establishthat the alleged losses of plaintiff were proximately caused by thecovered conduct of its employee, the motion of plaintiff for partialsummary judgment is denied. Signed by Judge David D. Noce on 5/9/07. (KXS, )
August 16, 2007
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of defendant for reconsideration (Doc. 48) of the order granting plaintiff's motion to amend the complaint is sustained. Having reconsidered the said order,IT IS FURTHER ORDERED that the order (Doc. 46) granting plaintiff's motion to amend is set aside and vacated. IT IS FURTHER ORDERED that the motion of plaintiff to amend the complaint (Doc. 45) is denied without prejudice. Plaintiff's proposed complaint paragraph 58 (adding a claim for vexatious refusal to pay) is dismissed without prejudice. See Bell Atlantic Corp. v. Twombly, 127S. Ct. 1955 (2007).IT IS FURTHER ORDERED that the motion of defendant to compel discovery (Doc. 49) is denied as moot without prejudice. granting 48 Motion for Reconsideration, finding as moot 49 Motion to Compel Signed by Judge David D. Noce on 8/16/07. (CQL, )
July 9, 2008
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MEMORANDUM For the reasons stated above, the motion of defendant Federal Insurance Company for summary judgment is denied, and the motion of plaintiff Graybar Electric Company, Inc. for summary judgment is granted. Plaintiff Graybar Electric Company is entitled to judgment in the principal amount of $1,268,464.20, with pre-judgment and postjudgment interest as set forth above. A Judgment Order in accordance with this Memorandum is filed herewith. Signed by Mag Judge David D. Noce on 7/9/08. (KXS)
July 9, 2008
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JUDGMENT ORDER IT IS HEREBY ORDERED that the motion of defendant Federal Insurance Company for summary judgment (Doc. 71) is denied, and the motion of plaintiff Graybar Electric Company, Inc. for summary judgment (Doc. 73) is sustained, in that IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Graybar Electric Company, Inc. have and recover from defendant Federal Insurance Company damages in the principal sum of $1,268,464.20, with pre-judgment interest from July 14, 2005 to today, but with pre-judgment interest tolled from November 15, 2005 to August 23, 2006, plus post-judgment interest hereafter at the rate provided by 28 U.S.C. 1961, plus the costs of the action. Signed by Mag Judge David D. Noce on 7/9/08. (KXS)