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In re Eurospark Industries Inc.

Debtor had no coverage for consequential damages arising from armed robbery.

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Judge Duberstein

IN RE: EUROSPARK INDUSTRIES, INC. – DECISION ON PLAINTIFF?S MOTION TO COMPEL AND DEFENDANTS – THE UNDERWRITERS AT LLOYDS’ CROSSMOTION FOR DISMISSAL OF THE THIRD CLAIM FOR RELIEF – This decision concerns two motions made in the abovecaptioned consolidated adversary proceedings. The plaintiff, the within debtor, Eurospark Industries, Inc. (hereinafter “ Eurospark”) made a motion to compel the defendant in adversary proceeding No. 98-1499, Massachusetts Bay Insurance Company (hereinafter “ Mass Bay”), and the defendants in adversary proceeding No. 98- 1514, the Underwriters at Lloyds Subscribing to the Risk on Cover No. 97FA0071010A, Cert. No. 970035200A and the Underwriters at Lloyds Subscribing to the Risk on Cover No. 97FA0032080, Cert. No. FC10328697 (hereinafter “ Lloyds”), to produce certain documents demanded by Eurospark in its Fourth Request for Production of Documents, pursuant to Fed.R.Civ.P. 26 and 37. Subsequently, Lloyds made a cross-motion seeking to dismiss the third claim of the Amended Complaint filed in adversary proceeding No. 98- 1514 (hereinafter “ Amended Complaint”) for failure to state a claim upon which relief may be granted, pursuant to Fed.R.Civ.P. 12(b)(6), and for failure to plead fraud with particularity, pursuant to Fed.R.Civ.P. 9(b). For the reasons set forth herein, the motion to compel is denied, and the cross-motion to dismiss is granted.

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