Atmel Corp. v. St. Paul Fire & Marine Insurance

ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: CGL AND UMBRELLA POLICIES

On March 17, 2006, the Court heard oral argument on defendant St. Paul’s motion for partial summary judgment on Atmel’s claim for coverage under the CGL and umbrella policies. After careful consideration of the parties’ papers and the arguments of counsel, the Court GRANTS St. Paul’s motion.

LEGAL STANDARD

Summary adjudication is proper when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In a motion for summary judgment, “[if] the moving party for summary judgment meets its initial burden of identifying for the court those portions of the materials on file that it believes demonstrate the absence of any genuine issues of material fact, the burden of production then shifts so that the non-moving party must set forth, by affidavit or as otherwise provided in Rule 56, specific facts showing that there is a genuine issue for trial.” See T.W. Elec. Service, Inc., v. Pac.…