Luvata Buffalo, Inc. v. Lombard General Insurance Company of Canada et al

Filing 199

-CLERK TO FOLLOW UP-ORDER denying (103) Motion for Summary Judgment; denying (107) Motion for Summary Judgment; granting (109) Motion for Summary Judgment; adopting Report and Recommendations re (169) Report and Recommendations. in case 1:08-cv-0 0034-RJA-JJM; denying (117) Motion for Joinder in case 1:09-cv-00612-RJA-JJM in case 1:08-cv-00034-RJA-JJM. Clerk of Court to close cases. Signed by Hon. Richard J. Arcara on 3/29/2013. Associated Cases: 1:08-cv-00034-RJA-JJM, 1:09-cv-00612-RJA-JJM(JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

AURUBIS BUFFALO, INC., f/k/a
LUVATA BUFFALO, INC., and
AIG EUROPE,
Plaintiffs,
v.

DECISION AND ORDER
08-CV-34-A

LOMBARD GENERAL INSURANCE
COMPANY OF CANADA, AVEC
INSURANCE MANAGERS, INC.,
UNISON INSURANCE AND
FINANCIAL SERVICES, INC.,
and BOYD INTERNATIONAL
CONSULTANTS, INC.
Defendants.

This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to
28 U.S.C. § 636(b)(1). On August 11, 2011 plaintiff AIG Europe, S.A. (“AIG”) filed a
motion for summary judgment and on August 23, 2011 plaintiff Luvata Buffalo, Inc.,
filed a motion for summary judgment. On September 12, 2011 defendants Lombard
General Insurance Company of Canada (“Lombard”) and Avec Insurance Managers,
Inc. (“Avec”) filed a cross-motion for summary judgment.
On March 22, 2012, Magistrate Judge McCarthy filed a Report and
Recommendation, recommending that Lombard/Avec’s cross-motion for summary
judgment [109] be granted and that the motions for summary judgment by Luvata and
AIG [103, 107] be denied.

On August 12, 2012, plaintiff AIG joined in the objections. Defendants filed
opposition to the objections and plaintiff later replied.
Pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1), this Court must
make a de novo determination of those portions of the Report and Recommendation to
which objections have been made. Upon de novo review of the Report and
Recommendation, and after reviewing the parties’ submissions, the Court adopts the
proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy's Report and
Recommendation, defendants Lombard/Avec’s cross-motion for summary judgment
[109] is granted and the motions for summary judgment by plaintiffs Luvata and AIG
[103, 107] are denied. Neither Lombard General Insurance Company of Canada nor
AVEC Insurance Managers were or are required to provide the insurance coverage,
payment, or compensation sought in this action by AIG Europe, S.A. or Luvata of
Buffalo, Inc. The Clerk shall enter judgment accordingly and close the case..

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: March 29, 2013

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