The opinion of the court was delivered by: Honorable Christina A. Snyder
JUDGMENT TRIAL: February 26, 2009 Time: 9:30 a.m. Place: Courtroom 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW filed March 26, 2009 (Dkt. 107)
This judgment relates to Enodis Corporation v. Continental Casualty Company and Transportation Insurance Company, Case No. CV 04-4357 CAS (PJWx), which includes the counterclaim by Continental Casualty Company ("Continental") against Enodis Corporation ("Enodis").
Enodis Corporation v. Employers Insurance Company of Wausau, Case No. CV 03-866 CAS (PJWx) and Employers Insurance Company of Wausau v. Enodis Corporation, Case No. CV 04-6446 CAS (PJWx) have been settled and dismissed. Accordingly, this is the single judgment in connection with this CV 04-4357 matter.
This matter came on for a bench trial (the parties having waived a jury for purposes of this trial only on the remaining claims, while reserving their right to a jury trial following any remand following any appeal and also as to all other claims, including those claims which were dismissed previously by the Court) on February 26, 2009 before the Honorable Christina A. Snyder. John J. Lee and Deana D. Ahn of Smith, Gambrell & Russell, LLP and George J. Stephan of Buchalter Nemer, a PLC, appeared on behalf of Plaintiff and Counter-Defendant Enodis. Hellar-Ann C. Hancock and Teresa M. Wainman of Michelman & Robinson, LLP appeared for Defendant Transportation Insurance Company ("Transportation") and for Defendant and Counter-Plaintiff Continental (collectively "CNA"). The Court received evidence and heard argument. The Court made findings of fact and conclusions of law. Being fully advised regarding the matter, and in accordance with its findings and conclusions,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. Plaintiff Enodis Corporation shall take nothing against Defendant Continental Casualty Company and Defendant Transportation Insurance Company; and Defendant Continental Casualty Company and Defendant Transportation Insurance Company shall have and recover judgment against Plaintiff Enodis Corporation on the only remaining claim which alleges Defendants' failure to provide a defense to the Pearce Action.
2. Counter-Plaintiff Continental Casualty Company shall take nothing against Enodis Corporation; and Counter-Defendant Enodis Corporation shall have and recover judgment against Counter-Plaintiff Continental Casualty Company on the account stated and unjust enrichment causes of action and on the claim seeking a money judgment in connection with the declaratory judgment causes of action of the counterclaim, and on Counter-Plaintiff's claim for attorneys' fees under the claim service agreement.
3. The declaratory relief causes of actions asserted by Plaintiff Enodis Corporation are dismissed without prejudice; and, except as adjudged above, the declaratory relief causes of actions asserted by Counter-Plaintiff Continental Casualty Company are dismissed without prejudice.
4. Neither Enodis Corporation, on the one hand, nor Continental Casualty Company or Transportation Insurance Company, on the other hard, shall have and recover costs of suit against the other. No party is awarded costs of suit.
5. Nothing herein is intended to be a waiver of or to preclude or prejudice the right of any party hereto to seek appellate review of this Court's prior rulings, including rulings dismissing Enodis's claims based on CNA's alleged failure to participate in a channeling injunction and/or based on CNA's alleged conduct resulting in Consolidated's insolvency and consequential alter ego claims against Enodis.
The Honorable Christina A. Snyder United States ...