Travelers Indemnity Company of Connecticut et al v. Centex Homes et al

Filing 33

MEMORANDUM DECISION and ORDER re Defendants' 18 Motion to Dismiss, signed by District Judge Lawrence J. O'Neill on 1/29/15. (Marrujo, C)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 TRAVELERS INDEMNITY CO. OF CONNECTICUT, et al., 6 7 8 9 1:14-cv-793-LJO-GSA MEMORANDUM DECISION AND ORDER RE DEFENDANTS’ MOTION TO DISMISS (DOC. 18) Plaintiffs, v. CENTEX HOMES, et al., Defendants. 10 11 Currently before the Court is Defendants’ motion to dismiss Plaintiffs’ first amended complaint. 12 Doc. 18. The Court did not set a hearing for the motion and the parties did not request one. The Court 13 finds it appropriate to rule on the motion without oral argument. See Local Rule 230(g). 14 This case is one of many between the parties currently pending in this Court and elsewhere. The 15 Court already has ruled on Defendant s’ motions to dismiss in other cases between the parties that often 16 are virtually identical to one another. See, e.g., Travelers Indem. Co. of Conn. v. Centex Homes, No. 1417 cv-217-LJO-GSA, 2014 WL 2002320 (E.D. Cal. May 15, 2014); Fidelity & Guar. Ins. Co. v. Centex 18 Homes, 1:14-cv-826-LJO-GSA, 2014 WL 4075999 (E.D. Cal. Aug. 15, 2014); Travelers Prop. Cas. Co. 19 of Am. v. Centex Homes, No. 1:14-cv-1450-LJO-GSA, Doc. 23 (E.D. Cal. Oct. 9, 2014); Fidelity & 20 Guar. Ins. Co. v. Centex Homes, 14-cv-826-LJO-GSA, 2014 WL 5823048 (E.D. Cal. Nov. 10, 2014); 21 see also St. Paul Fire & Marine Ins. Co. v. Centex Homes, No. ED CV14–01216 AB (JCx), 2014 WL 22 5013062 (C.D. Cal. Oct. 7, 2014); Doc. 24-1, Travelers Indemn. Co. of Conn. v. Centex Homes, 14-cv23 806 JGB SPx (C.D. Cal. Oct. 2, 2014). 24 The Court has reviewed the papers and finds that the Court’s prior orders resolve the issues 25 presented in Defendants’ pending motion to dismiss. See generally Fidelity & Guar. Ins. Co. v. Centex 26 1 1 Homes, 1:14-cv-826-LJO-GSA, 2014 WL 4075999 (E.D. Cal. Aug. 15, 2014); St. Paul Fire & Marine 2 Ins. Co. v. Centex Homes, No. ED CV14–01216 AB (JCx), 2014 WL 5013062 (C.D. Cal. Oct. 7, 2014). 3 As the Court explained approximately seven weeks ago, “[t]his is not a news brief to counsel—the 4 counsel of record for Plaintiffs in all these cases is the same law firm.” St. Paul Fire & Marine Ins. Co., 5 1:14-cv-1384-LJO-GSA, Doc. 28 at 2. The Court noted that “instead of requesting leave to amend 6 consistent with the other orders and the cited law,” counsel for Plaintiffs “simply encourages (through 7 inaction) to request of this Court that it waste precious judicial resources.” Counsel for Plaintiffs 8 continues to do so in this case. Again, “[n]otice is given that counsel may wish to expend its time either 9 to consider this suggestion or review Rule 11 of the Federal Rules of Civil Procedure.” Id. 10 Accordingly, the Court GRANTS WITH LEAVE TO AMEND Centex’s motion to dismiss 11 Plaintiffs’ first amended complaint (Doc. 18). Plaintiffs shall file any further amended complaint on or 12 before February 20, 2015. 13 IT IS SO ORDERED. 14 Dated: /s/ Lawrence J. O’Neill January 29, 2015 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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