Pacific International Vegetable Marketing, Inc. v. Nationwide Agribusiness Insurance Company

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 PACIFIC INTERNATIONAL Case No. 5:21-cv-09312-EJD VEGETABLE MARKETING, INC., et al., 9 ORDER GRANTING DEFENDANT’S Plaintiffs, MOTION FOR JUDGMENT ON THE 10 PLEADINGS v. 11 NATIONWIDE AGRIBUSINESS Re: Dkt. No. 23 12 INSURANCE COMPANY, Defendant. 13

Plaintiffs Pacific International Vegetable Marketing, Inc., (“Pacific International”) and 14 Dynapac Harvesting, Inc., (“Dynapac”) (collectively, “Plaintiffs”) filed this action against their 15 former general liability insurance provider, Nationwide Agribusiness Insurance Company 16 (“Nationwide”), and Does 1–50. Plaintiffs allege that Nationwide breached its duty to defend 17 Plaintiffs in a civil lawsuit (“Underlying Action”) brought by the California Department of Fair 18 Employment and Housing (“DFEH”) alleging violations of California’s Fair Employment and 19 Housing Act (“FEHA”) on behalf of a former employee, Jane Doe. Nationwide filed a motion for 20…