Travelers Indemnity Company of Connecticut et al v. Centex Homes et al
Filing
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ORDER re Request for Dismissal 34 , signed by District Judge Lawrence J. O'Neill on 02/24/2015. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, et al.,
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1:14-cv-793-LJO-BAM
ORDER RE REQUEST FOR
DISMISSAL (Doc. 34)
Plaintiffs,
v.
CENTEX HOMES, et al.,
Defendants.
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On February 20, 2015, Plaintiffs filed a request for this Court to dismiss without prejudice the
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following claims asserted in their first amended complaint (“the FAC”) against Defendants: (1)
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Plaintiffs’ “first, second, and third counts for declaratory relief regarding whether [Defendants] breached
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the cooperation clause in the insurance policies”; (2) Plaintiffs’ “first, second, and third counts for
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breach of contract”; and (3) Plaintiffs’ “cause of action for equitable reimbursement.” Doc. 34 at 2.
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Pursuant to Plaintiffs’ request and Fed. R. Civ. P. 41(a)(1)(A)(i), the Court ORDERS that
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Plaintiffs’ following claims asserted in the FAC are DISMISSED without prejudice: Plaintiffs’ “first,
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second, and third counts for declaratory relief regarding whether [Defendants] breached the cooperation
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clause in the insurance policies”; (2) Plaintiffs’ “first, second, and third counts for breach of contract”;
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and (3) Plaintiffs’ “cause of action for equitable reimbursement.”
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The following claims originally asserted in the FAC remain outstanding: Plaintiffs’ first, second,
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and third counts for declaratory relief regarding Defendants’ claimed entitlement to independent
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counsel.
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SO ORDERED
Dated: February 24, 2015
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/s/ Lawrence J. O’Neill
United States District Judge
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