New Hampshire Ball Bearings, Inc. v. National Union Fire Insurance Company of Pittsburgh. P.A. et al

Filing 50

FINAL JUDGMENT by Judge Dean D. Pregerson in favor of National Union Fire Insurance Company of Pittsburgh. P.A. and against New Hampshire Ball Bearings, Inc. Related to: MOTION for Summary Judgment 32 (MD JS-6, Case Terminated). (jre)

1
2
3
4
5

JS-6

6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

NEW HAMPSHIRE BALL
BEARINGS, INC., a Corporation,
Plaintiff,

13
14
15
16
17

Case No. 2:13-CV-06114-DDP-AGR
Honorable Dean D. Pregerson
FINAL JUDGMENT

v.
NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, PA, a Corporation;
CHARTIS CLAIMS, INC., a
Corporation,
Defendants.

18
19
20

JUDGMENT PURSUANT TO NATIONAL UNION FIRE

21

INSURANCE COMPANY OF PITTSBURGH, PA.’S

22

MOTION FOR SUMMARY JUDGMENT

23

The motion of defendant National Union Fire Insurance Company of

24

Pittsburgh, Pa. (“National Union”) for summary judgment came regularly on for

25

hearing before this Court on March 10, 2014. Michael John Miguel appeared on

26

behalf of Plaintiff New Hampshire Ball Bearings, Inc., and Susan Koehler

27

Sullivan appeared on behalf of National Union. After consideration of the

28

admissible evidence, the separate statements, and the authorities of the parties, and
1
DOCS/18514435v1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

for the reasons set forth in the Court’s March 10, 2014 Order, the Court hereby
finds there is no genuine issue as to any material fact, and defendant National
Union is entitled to judgment as a matter of law with respect to all claims for relief
as follows:
1.

There is no issue of material fact and defendant National Union is

entitled to judgment as a matter of law with respect to plaintiff’s First Claim for
Relief for Breach of Contract ( Duty to Defend and Indemnify);
2.

There is no issue of material fact and defendant National Union is

entitled to judgment as a matter of law with respect to plaintiff’s Second Claim for
Relief for Declaratory Relief (Cal. Civ. Proc. §1060);
3.

There is no issue of material fact and defendant National Union is

entitled to judgment as a matter of law with respect to plaintiff’s Third Claim for
Relief for Tortious Breach of the Implied Covenant of Good Faith and Fair
Dealing.
IT IS HEREBY ORDERED AND ADJUDGED that plaintiff take nothing
from defendant National Union with respect to plaintiff’s claims for relief asserted
in its complaint, that the Second Amended Complaint against defendant National
Union is dismissed on the merits, with prejudice, and that defendant National
Union shall recover its costs of suit against plaintiff.
IT IS SO ADJUDGED.

21
22

DATED: March 17, 2014
HON. DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28

2
DOCS/18514435v1