AGCS Marine Insurance Company v. Kool Pak LLC
Opinion
Trial Court Opinion
O
2 3 4 5 6
United States District Court Central District of California
11 AGCS MARINE INSURANCE CO., Case № 2:22-cv-02775-ODW (MARx)
Plaintiff,
ORDER DENYING DEFENDANT’S
v.
MOTION FOR SUMMARY
14 KOOL PAK LLC, JUDGMENT [18]
15 Defendant.
16 I. INTRODUCTION Plaintiff AGCS Marine Insurance Company, as subrogee of its insured Ivar’s 19 Inc., brings this interstate shipping action against Defendant Kool Pak LLC to recover 20 for damage to a shipment of clam chowder. (See Compl. ¶¶ 1–6, ECF No. 1.) Kool 21 Pak moves for summary judgment. (Mot. Summ. J. (“Mot.” or “Motion”), ECF 22 No. 18.) The Motion is fully briefed. (Opp’n, ECF No. 22; Reply, ECF No. 26.) For 23 the reasons discussed below, the Court DENIES the Motion.1 II. BACKGROUND Ivar’s Inc. is a Seattle-area restaurant chain and manufacturer of prepared foods 26 for the retail market. (Mot. 2.) On March 26, 2020, Ivar’s tendered a consignment of
28 1 Having carefully considered the papers filed in connection with the Motion,…