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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, a Connecticut corporation;
and TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation,

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Plaintiffs,

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v.

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CENTEX HOMES, a Nevada general
partnership, CENTEX REAL ESTATE
CORPORATION, a Nevada corporation; and
DOES 1 through 10 inclusive,
Defendants.

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Case No. 1:14-cv-00992 LJO GSA
ORDER ON REQUEST FOR DISMISSAL
WITHOUT PREJUDICE OF CERTAIN
CLAIMS OF PLAINTIFFS’ THIRD
AMENDED COMPLAINT

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Pursuant to the stipulation by and between plaintiffs TRAVELERS INDEMNITY

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COMPANY OF CONNECTICUT, and TRAVELERS PROPERTY CASUALTY COMPANY OF

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AMERICA (collectively “TRAVELERS”) and defendants CENTEX HOMES and CENTEX REAL

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ESTATE CORPORATION (collectively “CENTEX”), and good cause appearing therefore,

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IT IS HEREBY ORDERED that the following claims asserted by TRAVELERS against

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CENTEX within the Third Amended Complaint filed by TRAVELERS on November 6, 2014, are

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voluntarily DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs as to those

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claims:

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TRAVELRS’ first and second counts for declaratory relief regarding whether
CENTEX breached the cooperation clause in the insurance policies.
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Case No.: 1:14-cv-00992 LJO GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ FIRST AMENDED COMPLAINT

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TRAVELERS’ first and second counts for breach of contract.

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TRAVELERS’ cause of action for equitable reimbursement.

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The following claims asserted by TRAVELERS against CENTEX within the Third

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Amended Complaint filed by TRAVELERS on November 6, 2014, remain outstanding:
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TRAVELERS’ first and second count for declaratory relief regarding CENTEX’s
claimed entitlement to independent counsel.

IT IS SO ORDERED.

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SO ORDERED
Dated: January 15, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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Case No.: 1:14-cv-00992 LJO GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ FIRST AMENDED COMPLAINT