ZUZEL v. SEPTA et al

Filing 138

MEMORANDUM ORDER THAT THID-PARTY PLAINTIFFS CARDINAL HEALTH, INC. AND RGH ENTERPRISES, INC.'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 94 ) IS GRANTED IN PART, DENIED IN PART WITHOUT PREJUDICE IN PART, AND DENIED IN PART AS OUTLINED HEREIN. THIRD- PARTY DEFENDANT AIKIN HOLDING CORPORATION'S MOTION TO STRIKE PORTIONS OF THE AFFIDAVIT OF WARREN LOCKHART (DOC. NO. 110 ) IS DENIED AS MOOT. THIRD-PARTY DEFENDANT AIKIN HOLDING CORPORATION'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 118 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 10/5/21. 10/5/21 ENTERED AND COPIES E-MAILED.(amas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BELLA ZUZEL,
Plaintiff,

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v.
CARDINAL HEALTH, INC., and
RGH ENTERPRISES, INC.,
Defendants.
CARDINAL HEALTH, INC., and
RGH ENTERPRISES, INC.,
Third-Party Plaintiffs,
v.
AIKIN HOLDING CORP.,
Third-Party Defendant.

CIVIL ACTION

No. 19-268

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ORDER

AND NOW, this 5th day of October, 2021, it is ORDERED that:
1. Upon consideration of Third-Party Plaintiffs Cardinal Health, Inc. and RGH
Enterprises, Inc.’s Motion for Summary Judgment, and the responses and replies
thereto, and for the reasons stated in the Court’s memorandum dated October 5, 2021,
the Motion (Document No. 94) is GRANTED in part, DENIED WITHOUT
PREJUDICE in part, and DENIED in part as follows:
a. The Motion is GRANTED as to RGH Enterprises, Inc. with respect to the
breach of contract claim for the duty to defend and with respect to its request
for a declaratory judgment.
b. The Motion is DENIED WITHOUT PREJUDICE as to Cardinal Health, Inc.
with respect to the common law indemnification claim.

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c. The Motion is DENIED as to Cardinal Health, Inc. and RGH Enterprises, Inc.
in all other respects.
2. Upon consideration of Third-Party Defendant Aikin Holding Corporation’s Motion to
Strike Portions of the Affidavit of Warren Lockhart, and the response thereto, and for
the reasons stated in the Court’s memorandum dated October 5, 2021, the Motion
(Document No. 110) is DENIED as moot.
3. Upon consideration of Third-Party Defendant Aikin Holding Corporation’s Motion for
Summary Judgment, and the responses and replies thereto, and for the reasons stated
in the Court’s memorandum dated October 5, 2021, the Motion (Document No. 118)
is GRANTED in part and DENIED in part as follows:
a. The Motion is GRANTED with respect to the breach of contract claim for the
duty to indemnify and obtain insurance, the breach of contract claim for the
duty to defend as to Cardinal Health, Inc, the declaratory judgment claim as to
Cardinal Health, Inc., and the common law indemnification claim as to RGH
Enterprises, Inc.
b. The Motion is DENIED in all other respects.

BY THE COURT:

Berle M. Schiller, J.

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