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Kitchnefsky v. National Rent-A-Fence

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 31, 2000

KEVIN KITCHNEFSKY ET AL.
PLAINTIFFS,
V. NATIONAL RENT-A-FENCE OF AMERICA, INC., ET AL.
DEFENDANTS

The opinion of the court was delivered by: Stanley S. Brotman United States District Judge

ORDER REGARDING DEFENDANT NATIONAL, FOURTH PARTY DEFENDANT TIG, AND FOURTH PARTY PLAINTIFF CONTI'S MOTION FOR SUMMARY JUDGMENT AGAINST FIREMAN'S FUND AND FOURTH PARTY PLAINTIFF CONTI'S MOTION FOR SUMMARY JUDGMENT AGAINST FIREMAN'S FUND

THIS MATTER having come before the Court on Defendant/Third Party Plaintiff National, *fn1 Third Party Defendant/Fourth Party Plaintiff Conti, and Fourth Party Defendant TIG Insurance Company's ("TIG") Motion for Summary Judgment against Fourth Party Defendant Fireman's Fund and on Third Party Defendant/Fourth Party Plaintiff Conti's separate motion for summary judgment seeking attorney's fees from Fourth Party Defendant Fireman's Fund;

The Court having considered the record and the submissions of the parties; and Having heard argument on the matter on March 21st 2000; and For the reasons set forth in the Court's opinion of this date; IT IS on this 31st day of March, 2000 HEREBY

ORDERED that the part of National, TIG, and Conti's Motion for Summary Judgment seeking indemnification against Fireman's Fund in the amount of Fireman's Fund's policy limits of $1,000,000 is GRANTED; AND IT IS FURTHER

ORDERED that the part of the motion seeking counsel fees and costs *fn2 is GRANTED; except that the recovery of counsel fees and costs shall be limited to the period between the date of notification, October 13th 1998, and the date of settlement, December 1st, 1998; *fn3 AND IT IS FURTHER

ORDERED that counsel for the movant shall submit to the Court within two weeks from this date an affidavit of fees and costs incurred during this time period; AND IT IS ALSO

ORDERED that because Conti has settled its claim against Fireman's Fund for counsel fees, the Fourth Party Plaintiff's separate summary judgment motion for counsel fees is DISMISSED as MOOT.

No costs.


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