FLS US HOLDINGS, INC. et al v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

Filing 48

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. 14) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. 13) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DISCOVERY IN THIS ACTION SHALL BE COMPLETED BY 4/24/15. CROSS MOTIONS FOR SUMMARY JUDGMENT SHALL BE DUE ON OR BEFORE 5/25/15. OPPOSITIONS TO CROSS MOTIONS FOR SUMMARY JUDGMENT SHALL BE DUE ON OR BEFORE 6/15/15.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 1/21/15. 1/21/15 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FLS US HOLDINGS, INC. and
FLSMIDTH KREBS INC.
v.
LIBERTY MUTUAL FIRE INSURANCE
COMPANY

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CIVIL ACTION

NO. 13-2511

ORDER
AND NOW, this 21st day of January, 2015, having considered Defendant’s Motion for
Summary Judgment (ECF No. 13), Plaintiffs’ Motion for Summary Judgment (ECF No. 14), the
papers submitted in support and opposition thereto, and the oral argument on said motions, it is
hereby ORDERED that:
1.

Plaintiffs’ Motion for Summary Judgment (ECF No. 14) is GRANTED IN

PART AND DENIED IN PART. The motion is granted with respect to Plaintiffs’ request for a
ruling that Pennsylvania law governs the scope of any duty to defend owed by Defendant to
Plaintiffs. The remaining portions of the motion are denied without prejudice to Plaintiffs’
ability to re-raise arguments on open issues at the close of discovery.
2.

Defendant’s Motion for Summary Judgment (ECF No. 13) is GRANTED IN

PART AND DENIED IN PART. The motion is granted with respect to Defendant’s request to
take discovery prior to entering a comprehensive summary judgment decision. The remaining
portions of the motion are denied without prejudice to Defendant’s ability to re-raise arguments
on open issues at the close of discovery.

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IT IS FURTHER ORDERED that all discovery in this action shall be completed by
April 24, 2015. Cross-motions for summary judgment shall be due on or before May 25, 2015.
Oppositions to cross-motions for summary judgment shall be due on or before June 15, 2015.

BY THE COURT:

/s/ L. Felipe Restrepo
L. FELIPE RESTREPO
UNITED STATES DISTRICT JUDGE

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