DETWILER v. VALERO MARKETING AND SUPPLY CORPORATION et al

Filing 37

ORDER THAT UPON CONSIDERATION OF VALERO DEFTS' MOTION FOR SUMMARY JUDGMENT, EVES TRUCKING'S MOTION FOR SUMMARY ON JUDGMENT, & VALERO DEFTS' CROSS-MOTION FOR SUMMARY JUDGMENT: THAT AS TO THE COMPLAINT, COUNTS II & III ARE DEEMED WITHDRA WN. IN ALL OTHER RESPECTS, THE MOTION IS DENIED & AS TO THE THIRD-PARTY COMPLAINT, SUMMARY JUDGMENT IS GRANTED IN FAVOR OF EVES TRUCKING & AGAINST THE VALERO DEFTS ON THE FIRST COUNT. SUMMARY JUDGMENT IS GRANTED IN FAVOR OF EVES TRUCKING & AGAINST THE VALERO DEFTS ON THE SECOND COUNT AS TO THE DUTY TO DEFEND ONLY. IN ALL OTHER RESPECTS, THE MOTIONS ARE DENIED. SIGNED BY HONORABLE JOHN P. FULLAM ON 10/22/09. 10/22/09 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Mark Detwiler v. Valero Marketing and Supply Company, et al. : : : : : : ORDER AND NOW, this 22nd day of October 2009, upon consideration of the Valero Defendants' Motion for Summary Judgment, Eves Trucking's Motion for Summary Judgment on the Third-Party Complaint, the Valero Defendants' Cross-Motion for Summary Judgment on the Third-Party Complaint, and the responses thereto, IT IS ORDERED: 1. That as to the Complaint: a. b. Counts II and III are DEEMED WITHDRAWN; Before the start of trial, the plaintiff CIVIL ACTION

NO. 08-3495

shall either stipulate to the dismissal of Valero Energy Corporation and Valero Marketing and Supply Company or file a supplemental brief setting forth the specific reasons these defendants should not be dismissed; c. 2. In all other respects, the motion is DENIED.

That as to the Third-Party Complaint: a. Summary Judgment is GRANTED in favor of Eves

Trucking and against the Valero Defendants on the First Count (failure to provide insurance);

b.

Summary Judgment is GRANTED in favor of Eves

Trucking and against the Valero Defendants on the Second Count as to the duty to defend ONLY; c. DENIED. In all other respects, the motions are

BY THE COURT:

/s/ John P. Fullam John P. Fullam,

Sr. J.

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