Citation Codes Equivalent Citations citation codes Docket Number 07-civ-7507 (SHS). Judges Sidney H. Stein See more information ... Smart Summary Please sign up to generate summary. SPECIALTY NATIONAL INSURANCE COMPANY, Plaintiff, v. ENGLISH BROTHERS FUNERAL HOME, Defendant. ORDER SIDNEY STEIN, District Judge For the reasons set forth in the Opinion of this Court dated March 30, 2009, IT IS HEREBY ORDERED THAT: 1. The cross-motions of the parties for summary judgment [16, 23] are decided as follows: a. Plaintiff's motion for summary judgment is denied in full; b. This action is dismissed without prejudice as premature to the extent it seeks a declaration that plaintiff has no duty to indemnify defendant; c. Defendant's motion for summary judgment is granted insofar as it seeks a declaration that plaintiff must defend it in each of the underlying actions and is otherwise denied. 2. The request of English Brothers for reasonable attorneys' fees and costs is granted. Defendant shall submit a schedule of its fees and costs on or before April 17, 2009 and Plaintiff may respond on or before May 1, 2009. 3. Plaintiff's motion to strike the affidavit of Frank Resto [25] is denied. The affidavit sets forth the basis for Resto's personal knowledge of the affiant's statements and, in particular, his claim that "neither I nor English Brothers was a participant in the scheme." (Aff. of Frank Resto dated June 5, 2008 ¶ 4.) The Court accepts that affidavit as a statement of defendant's position in this and the underlying litigations.