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

Filing 37

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, et al., 10 11 12 13 1:14-cv-793-LJO-BAM ORDER RE REQUEST FOR DISMISSAL (Doc. 34) Plaintiffs, v. CENTEX HOMES, et al., Defendants. 14 15 On February 20, 2015, Plaintiffs filed a request for this Court to dismiss without prejudice the 16 following claims asserted in their first amended complaint (“the FAC”) against Defendants: (1) 17 Plaintiffs’ “first, second, and third counts for declaratory relief regarding whether [Defendants] breached 18 the cooperation clause in the insurance policies”; (2) Plaintiffs’ “first, second, and third counts for 19 breach of contract”; and (3) Plaintiffs’ “cause of action for equitable reimbursement.” Doc. 34 at 2. 20 Pursuant to Plaintiffs’ request and Fed. R. Civ. P. 41(a)(1)(A)(i), the Court ORDERS that 21 Plaintiffs’ following claims asserted in the FAC are DISMISSED without prejudice: Plaintiffs’ “first, 22 second, and third counts for declaratory relief regarding whether [Defendants] breached the cooperation 23 clause in the insurance policies”; (2) Plaintiffs’ “first, second, and third counts for breach of contract”; 24 and (3) Plaintiffs’ “cause of action for equitable reimbursement.” 25 The following claims originally asserted in the FAC remain outstanding: Plaintiffs’ first, second, 26 1 1 and third counts for declaratory relief regarding Defendants’ claimed entitlement to independent 2 counsel. 3 SO ORDERED Dated: February 24, 2015 4 /s/ Lawrence J. O’Neill United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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