Dyvex Industries, Inc. v. Agilex Flavors & Fragrances, Inc. et al

Filing 157

ORDER (memorandum filed previously as separate docket entry)1.The motion for partial summary judgment filed by plaintiff Dyvex, (Doc. 93), is GRANTED IN ITS ENTIRETY.2.Agilex defendants are PRECLUDED from raising any defenses to Dyvexs claims based O SHA regulations and all of the other safety standards stated in the courts memorandum, including building and fire codes, and based on the insurance contract, as well as any relationship, between Dyvex and Nationwide.Signed by Honorable Malachy E Mannion on 2/28/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DYVEX INDUSTRIES, INC.,
Plaintiff,
v.
AGILEX FLAVORS &
FRAGRANCES, INC., et al.,

:
:

Civil No. 12-CV-0979

:

(JUDGE MANNION)

:
:

Defendants
ORDER
Based on the foregoing memorandum, IT IS HEREBY ORDERED
THAT:
1.

The motion for partial summary judgment filed by plaintiff Dyvex,
(Doc. 93), is GRANTED IN ITS ENTIRETY.

2.

Agilex defendants are PRECLUDED from raising any defenses to
Dyvex’s claims based OSHA regulations and all of the other
safety standards stated in the court’s memorandum, including
building and fire codes, and based on the insurance contract, as
well as any relationship, between Dyvex and Nationwide.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: February 28, 2018
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2012 MEMORANDA\12-979-06-ORDER.wpd