Travelers Property Casualty Company of America et al v. Centex Homes et al
Filing
39
ORDER on Request for Dismissal Without Prejudice of Certain Claims of Plaintiffs' Third Amended Complaint signed by District Judge Lawrence J. O'Neill on 1/15/2015. (Jessen, A)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION
7
8
9
10
TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, a Connecticut corporation;
and TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation,
11
Plaintiffs,
12
v.
13
14
15
16
CENTEX HOMES, a Nevada general
partnership, CENTEX REAL ESTATE
CORPORATION, a Nevada corporation; and
DOES 1 through 10 inclusive,
Defendants.
17
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 1:14-cv-00992 LJO GSA
ORDER ON REQUEST FOR DISMISSAL
WITHOUT PREJUDICE OF CERTAIN
CLAIMS OF PLAINTIFFS’ THIRD
AMENDED COMPLAINT
18
19
Pursuant to the stipulation by and between plaintiffs TRAVELERS INDEMNITY
20
COMPANY OF CONNECTICUT, and TRAVELERS PROPERTY CASUALTY COMPANY OF
21
AMERICA (collectively “TRAVELERS”) and defendants CENTEX HOMES and CENTEX REAL
22
ESTATE CORPORATION (collectively “CENTEX”), and good cause appearing therefore,
23
IT IS HEREBY ORDERED that the following claims asserted by TRAVELERS against
24
CENTEX within the Third Amended Complaint filed by TRAVELERS on November 6, 2014, are
25
voluntarily DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs as to those
26
claims:
27
28
•
TRAVELRS’ first and second counts for declaratory relief regarding whether
CENTEX breached the cooperation clause in the insurance policies.
1
Case No.: 1:14-cv-00992 LJO GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ FIRST AMENDED COMPLAINT
1
•
TRAVELERS’ first and second counts for breach of contract.
2
•
TRAVELERS’ cause of action for equitable reimbursement.
3
The following claims asserted by TRAVELERS against CENTEX within the Third
4
5
6
7
Amended Complaint filed by TRAVELERS on November 6, 2014, remain outstanding:
•
TRAVELERS’ first and second count for declaratory relief regarding CENTEX’s
claimed entitlement to independent counsel.
IT IS SO ORDERED.
8
9
10
11
SO ORDERED
Dated: January 15, 2015
/s/ Lawrence J. O’Neill
United States District Judge
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 1:14-cv-00992 LJO GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ FIRST AMENDED COMPLAINT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?