Not a Lexis Advance subscriber? Try it out for free.

Paternostro v. Choice Hotel Int'l Servs. Corp.

United States District Court for the Eastern District of Louisiana

February 4, 2015, Decided; February 4, 2015, Filed

CIVIL ACTION NO. 13-0662 SECTION "L" (5)

Opinion

ORDER & REASONS

Before the Court are eight [*14]  motions1 filed in connection with the Court's November 17, 2014 Order and Reasons (hereinafter, "Order and Reasons"). (Rec. Docs. 304, 343, 427, 435, 436, 437, 438, 443). The motions include several motions to reconsider, motions for partial judgment, and other motions relating to the Order and Reasons. Having considered the parties' memoranda and the applicable law, the Court now issues this order.

I. BACKGROUND

A. Procedural Background

This action arises out of the alleged presence of Legionella and Pseudomonas aeruginosa (that is, the causative agent of Legionnaires' disease) at the Clarion Inn and Suites Hotel ("the Hotel") in Covington, Louisiana. Plaintiffs allege that Defendant Choice Hotels International ("Choice") was the franchisor of the Hotel, and Defendant Century Wilshire ("CWI")2 was the franchisee, owner, and operator of the Hotel. Initially, several Plaintiffs brought this action in state court, both as individuals and [*15]  as surviving heirs, alleging that on December 4, 2012, decedent Russell Paternostro was exposed to Legionella while attending a Rotary Club meeting at the Clarion Inn and Suites Conference Center ("Clarion"). CWI removed to this Court on the basis of diversity jurisdiction. Thereafter, this Court consolidated the case with several other related cases which alleged similar factual allegations. Plaintiffs then filed an amended complaint against the original Defendants and various insurers, incorporating therein class allegations, (Rec. Doc. 94). Defendants filed amended answers (Rec. Docs. 95, 98, 110, 140, 165, 177, 179, 200). Choice also filed crossclaims against CWI and various insurers. (Rec. Docs. 182, 183, 185, 331). CWI filed a crossclaim of its own against an insurer. (Rec. Doc. 293). Several insurers filed crossclaims of their own. (Rec. Doc. 208, 291, 292).

B. Factual Background

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2015 U.S. Dist. LEXIS 14171 *; 2015 WL 471784

ANGELA PATERNOSTRO, ET AL. VERSUS CHOICE HOTEL INTERNATIONAL SERVICES CORP., D/B/A/ CLARION INN AND SUITES, ET AL.

Prior History: Paternostro v. Choice Hotel Int'l Servs. Corp., 2014 U.S. Dist. LEXIS 161157 (E.D. La., Nov. 14, 2014)

CORE TERMS

duty to defend, crossclaims, insurers, argues, reconsideration motion, policies, coverage, exclude coverage, motions, motion to dismiss, unambiguously, exhaustion, bacteria, underlying insurance, reconsider, clarified, responds, dispositive motion, insurance policy, re-explained, provisions, policy language, insurance law, oral argument, hot tub, inappropriate, counterclaim, analyzed, damages, moves