Continental Casualty Company v. Nationwide Mutual Insurance Company

Filing 23

JUDGMENT OF DISMISSAL BY COURT ORDER PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 12(b)(6) by Judge George H. Wu: IT IS ORDERED, ADJUDGED AND DECREED that: (1) Judgment is hereby entered in favor of Defendant, Nationwide Mutual Insurance Company , and against Plaintiff, Continental Casualty Company, as to the First Amended Complaint on file herein in its entirety; (2) This action shall be and hereby is dismissed on the merits; and, (3) Defendant, Nationwide Mutual Insurance Company, is the prevailing party pursuant to Federal Rules of Civil Procedure Rule 12(b)(6) and shall recover its costs in this action against Plaintiff. (gk)

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1 2 3 4 5 6 7 MARC S. HINES (SBN 140065) mhines@hinescarder.com MICHELLE L. CARDER (SBN 174481) mcarder@hinescarder.com SHANNA E. BURKHOLDER (SBN 277121) sburkholder@hinescarder.com HINES CARDER 3090 Bristol Street, Suite 300 Costa Mesa, California 92626 Tel.: (714) 513-1122 Fax: (714) 242-9529 Attorneys for Defendants, NATIONWIDE MUTUAL INSURANCE COMPANY 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 CONTINENTAL CASUALTY COMPANY, CASE NO.: CV 14-7326-GW(PLAx) Hon. George H. Wu 12 Plaintiffs 13 vs. 14 15 NATIONWIDE MUTUAL INSURANCE COMPANY, and DOES 1 through 10, inclusive, 16 Defendants. 17 JUDGMENT OF DISMISSAL BY COURT ORDER PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 12(b)(6) Hearing: January 15, 2015 Time: 8:30 AM Courtroom: 10 18 19 This Court, on January 15, 2015, having granted Defendant Nationwide 20 Mutual Insurance Company’s Motion to Dismiss Plaintiff’s First Amended 21 Complaint, and having ordered dismissal of Plaintiff’s First Amended Complaint 22 with prejudice as requested in said motion, 23 Now, therefore, 24 IT IS ORDERED, ADJUDGED AND DECREED that: 25 (1) Judgment is hereby entered in favor of Defendant, Nationwide Mutual 26 Insurance Company, and against Plaintiff, Continental Casualty Company, as to the 27 First Amended Complaint on file herein in its entirety; 28 (2) This action shall be and hereby is dismissed on the merits; and, 1 JUDGMENT BY COURT ORDER PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 12(b)(6) 1 (3) Defendant, Nationwide Mutual Insurance Company, is the prevailing 2 party pursuant to Federal Rules of Civil Procedure Rule 12(b)(6) and shall recover its 3 costs in this action against Plaintiff. 4 IT IS SO ORDERED. 5 6 Dated: February 3, 2015 GEORGE H. WU, UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JUDGMENT BY COURT ORDER PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 12(b)(6)

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