Jerie S Rydstrom v. Federal Insurance Company et al

Filing 40

JUDGMENT by Judge Otis D. Wright, II: 1. Plaintiffs shall recover nothing from Defendant, and their claims against Defendant are dismissed on the merits and with prejudice; 2. Defendant shall recover costs from Plaintiffs as evidenced by a bill of costs. (lc)

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O 1 Previously JS-6 2 3 4 5 6 7 United States District Court Central District of California 8 9 10 11 JERIE S. RYDSTROM; DONALD 12 RYDSTROM, 2:16-cv-02543-ODW (E) 2:16-cv-02614-ODW (E) Plaintiffs, 13 14 Case JUDGMENT v. 15 FEDERAL INSURANCE COMPANY; 16 and DOES 1 through 50, inclusive, 17 Defendants. 18 19 In February 2016, Plaintiffs Jerie and Donald Rydstrom each filed a complaint 20 in the California Superior Court for the County of Los Angeles relating to two 21 insurance policies, a Special Risk Policy (“the AD&D policy”) and a Guild Travel 22 Accident Policy (“the Travel policy”), which they claimed provided coverage for their 23 deceased son Darren Rydstrom. These cases were then removed to federal court in 24 April 2016. The Court subsequently consolidated the two cases and Plaintiffs filed a 25 consolidated complaint. 26 contained eight causes of action: (1) breach of contract related to the AD&D policy; 27 (2) tortious breach of the implied covenant of good faith and fair dealing related to the 28 AD&D policy; (3) declaratory relief related to the AD&D policy; (4) a common count (See ECF Nos. 13, 22.) The consolidated complaint 1 related to the AD&D policy; (5) breach of contract related to the Travel policy; (6) 2 tortious breach of the implied covenant of good faith and fair dealing related to the 3 Travel policy; (7) declaratory relief related to the Travel policy; and (8) a common 4 count related to the Travel policy. (Consol. Compl. ¶¶ 14–60.) On May 15, 2017, 5 Defendant moved for summary judgment and Plaintiffs moved for partial summary 6 judgment on causes of action one, three, five, and seven. (ECF Nos. 26–27.) On July 7 7, 2017, the Court granted Defendant’s motion for summary judgment and denied 8 Plaintiffs’ motion for partial summary judgment. (ECF No. 39.) It is therefore ORDERED, ADJUDGED, and DECREED as follows: 9 1. 10 11 Defendant are dismissed on the merits and with prejudice; 2. 12 13 Plaintiffs shall recover nothing from Defendant, and their claims against Defendant shall recover costs from Plaintiffs as evidenced by a bill of costs. 14 15 IT IS SO ORDERED. 16 July 10, 2017 17 18 19 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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