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Diebold, Inc. v. Continental Casualty Co.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


June 21, 2010

DIEBOLD, INC., PLAINTIFF,
v.
CONTINENTAL CASUALTY CO., DEFENDANT.

The opinion of the court was delivered by: Irenas, Senior District Judge

ORDER GRANTING IN PART AND DISMISSING AS MOOT IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket # 85); DENYING PLAINTIFF'S CROSS-MOTION (Docket # 89); and DENYING AS MOOT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Docket # 90)

This matter having appeared before the Court upon Defendant's Motion for Summary Judgment (Docket # 85), Plaintiff's Cross-Motion for Summary Judgment (Docket # 89), and Plaintiff's Motion for Summary Judgment (Docket # 90), the Court having considered the parties' submissions, and for the reasons set forth in the Opinion isued on even date herewith, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing;

IT IS on this 21st day of June, 2010,

ORDERED THAT:

(1) Defendant's Motion for Summary Judgment (Docket # 85) is hereby GRANTED as to its "discovery" defense and as to Plaintiff's bad faith claim. The Motion is DISMISSED AS MOOT in all other respects.

(2) Plaintiff's Cross-Motion for Summary Judgment (Docket # 89) on Defendant's "discovery" defense is hereby DENIED.

(3) Plaintiff's Motion for Summary Judgment (Docket # 90) is hereby DISMISSED AS MOOT.

(4) The Clerk of Court is hereby directed to CLOSE THIS FILE.

Joseph E. Irenas, S.U.S.D.J.

20100621

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