St. Paul Fire and Marine Insurance Company et al v. Centex Homes et al

Filing 28

MEMORANDUM DECISION AND ORDER RE DEFENDANTS MOTION TO DISMISS (Doc. 11 ), Signed by District Judge Lawrence J. O'Neill on 12/10/2014. The Court GRANTS WITH LEAVE TO AMEND Centexs motion to dismiss Plaintiffs complaint (Doc. 11 ). Plaintiffs shall file any further amended complaint on or before January 2, 2015. (Arellano, S.)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 ST. PAUL FIRE & MARINE INS. CO., et al., Plaintiffs, 6 7 8 9 1:14-cv-1384-LJO-GSA MEMORANDUM DECISION AND ORDER RE DEFENDANTS’ MOTION TO DISMISS (DOC. 11) v. CENTEX HOMES, et al., Defendants. 10 11 Currently before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint. Doc. 11. The 12 Court did not set a hearing for the motion and the parties did not request one. The Court finds it 13 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 This is not a news brief to counsel—the counsel of record for Plaintiffs in all these cases is the same law 4 firm. That said, instead of requesting leave to amend consistent with the other orders and the cited law, 5 counsel simply encourages (through inaction) to request of this Court that it waste precious judicial 6 resources. Notice is given that counsel may wish to expend its time either to consider this suggestion or 7 review Rule 11 of the Federal Rules of Civil Procedure. Accordingly, the Court GRANTS WITH 8 LEAVE TO AMEND Centex’s motion to dismiss Plaintiffs’ complaint (Doc. 11). Plaintiffs shall file 9 any further amended complaint on or before January 2, 2015. 10 IT IS SO ORDERED. 11 Dated: /s/ Lawrence J. O’Neill December 10, 2014 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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