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The Hanover Insurance Co. v. Anova Food, LLC

United States District Court, D. Hawaii

January 24, 2018

THE HANOVER INSURANCE COMPANY; MASSACHUSETTS BAY INSURANCE COMPANY, Plaintiffs,
v.
ANOVA FOOD, LLC; ANOVA FOOD, INC., Defendants. ANOVA FOOD, INC.; ANOVA FOOD, LLC, Counter-Claimants,
v.
THE HANOVER INSURANCE COMPANY; MASSACHUSETTS BAY INSURANCE COMPANY, Counter-Defendants.

         ORDER OVERRULING ANOVA FOOD, LLC'S OBJECTION TO FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS (ECF NO. 248) AND ADOPTING THE MAGISTRATE JUDGE'S SEPTEMBER 29, 2017 FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS (ECF NO. 247)

          Helen Gillmor Judge..

         On September 29, 2017, the Magistrate Judge issued a Findings and Recommendation to Grant In Part and Deny In Part Anova Food, LLC's Motion for Award of Attorneys' Fees and Costs. (ECF No. 247). The Magistrate Judge recommended that Anova Food, LLC be awarded $126, 321.59 in attorneys' fees and $9, 930.49 in costs.

         Anova Food, LLC filed an Objection to the Magistrate Judge's Findings and Recommendation and it seeks a total of $539, 077.78 in fees and costs.

         The Hanover Insurance Company and Massachusetts Bay Insurance Company (“the Hanover Companies”) filed an Opposition to Anova Food, LLC's Objection.

         The Court OVERRULES Anova Food, LLC's Objection (ECF No. 248) and ADOPTS the Magistrate Judge's Findings and Recommendation (ECF No. 247).

         PROCEDURAL HISTORY

         On June 19, 2014, the Hanover Companies filed a Complaint. (ECF No. 1).

         On May 29, 2015, the Hanover Insurance Companies filed a First Amended Complaint. (ECF No. 39).

         On June 12, 2015, Anova Food, LLC filed a Counterclaim. (ECF No. 40).

         On March 24, 2016, the Court issued an ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT/COUNTERCLAIMANT ANOVA FOOD, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT. (ECF No. 113).

         On June 29, 2016, the Court issued an ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT ANOVA FOOD, INC. AND DENYING PLAINTIFFS THE HANOVER INSURANCE COMPANY AND MASSACHUSETTS BAY INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT AND GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT ANOVA FOOD LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT. (ECF No. 151).

         On October 21, 2016, the Court issued an ORDER DENYING COUNTER-CLAIMANT ANOVA FOOD, LLC'S BAD FAITH CLAIM. (ECF No. 188).

         On October 24, 2016, the Court issued an ORDER ON REMAINING ISSUES REGARDING THE ZOBRIST LAW FIRM'S ATTORNEYS' FEES. (ECF No. 189).

         On June 9, 2017, the Court issued an ORDER AWARDING ATTORNEYS' FEES INCURRED IN DEFENSE OF ANOVA FOOD, LLC. (ECF No. 219).

         On the same date, Judgment was entered. (ECF No. 220).

         On June 23, 2017, Anova Food, LLC filed a Motion for Award of Attorney Fees and Costs along with Declarations in support of the Motion. (ECF Nos. 224-28).

         On September 29, 2017, the Magistrate Judge issued a FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS. (ECF No. 247).

         On October 13, 2017, Anova Food, LLC filed OBJECTION TO FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS. (ECF No. 248).

         On November 6, 2017, the Hanover Companies filed THE HANOVER INSURANCE COMPANY AND MASSACHUSETTS BAY INSURANCE COMPANY'S MEMO IN RESPONSE TO ANOVA FOOD, LLC'S OBJECTION TO FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART ANOVA FOOD, LLC'S MOTION FOR AWARD OF ATTORNEY FEES AND COSTS. (ECF No. 251).

         On November 27, 2017, Anova Food, LLC filed its Reply. (ECF No. 252).

         STANDARD OF REVIEW

         Any party may object to a magistrate judge's findings and recommendation pursuant to ...


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