Foster Poultry Farms, Inc. v. Certain Underwriters at Lloyd's

MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT; MOTION TO STRIKE

Plaintiff Foster Poultry Farms, Inc. (“Foster”) brought this action for declaratory relief and breach of contract against defendants Certain Underwriters at Lloyd’s, London (“Insurers”). Presently before the court are Foster’s motion for partial summary judgment on its declaratory relief claim and Insurers’ motion for summary judgment under Federal Rule of .Civil Procedure 56, and Foster’s motion to *1255 strike the deposition testimony and .opinions of Thomas James Hoffman and Dr. William James under Rules 30(d)(2) and 37(c)(1), respectively.

I. Factual and Procedural Background

Foster is a poultry producer with its largest chicken processing plant in Livingston, California (the “Facility”). (O’Con-nor Deck ¶ 4 (Docket No. 46-3); Lavella Deck (Docket Nos.. 46-4 to 46-6) Ex. 24 at 36:7-22.) The Facility is comprised of two processing areas called “Plant 1” and “Plant 2,” which share a common packaging floor. (Lavella Deck Ex. 24 at 38:20— 40:3; O’Connor Deck ¶ 5.) Insurers, a group of Lloyd’s underwriters organized into three syndicates, 1 issued a product contamination insurance policy to Foster, effective…