MT. HAWLEY INSURANCE CO. v. Golden Eagle Ins. Corp.

PROCEEDINGS: ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT

On June 23, 2009, plaintiff Mt. Hawley Insurance Company filed a notice of motion and motion for summary judgment or, in the alternative, partial summary judgment, a supporting memorandum of points and authorities, a statement of uncontroverted facts and conclusions of law, and the supporting declarations of Kelley Anderson, Andy Anderson, Rex Porter with exhibits, Richard Spunt with exhibits. Jack Lewis with exhibits, and Peter J. Schulz with exhibits. On July 1, 2009, defendant Golden Eagle Insurance Corporation filed an opposition to the motion for summary judgment, a memorandum of points and authorities in opposition, a statement of undisputed and disputed facts in opposition, a statement of genuine issues in opposition, and the declaration of Ishai Klir. On July 8, 2009, plaintiff filed a reply and the declaration of Glenn Asakawa. On July 21, 2009, defendant filed its objections to Mr. Asakawa’s declaration, contending it is “new evidence” that defendant should have an opportunity to address, and the supplemental declaration of Ishai Klir. Oral argument was held…