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

Filing 35

ORDER on 34 REQUEST for Dismissal Without Prejudice of Certain Claims of Plaintiffs' Complaint signed by District Judge Lawrence J. O'Neill on 1/20/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, a Connecticut corporation;
TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, a Connecticut corporation;
and TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation,

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Plaintiffs,
v.

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

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Defendants.

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Case No. 1:14-cv-01384-LJO-GSA
Hon. Lawrence J. O’Neill
ORDER ON REQUEST FOR DISMISSAL
WITHOUT PREJUDICE OF CERTAIN
CLAIMS OF PLAINTIFFS’ COMPLAINT

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Pursuant to the stipulation by and between plaintiffs, ST. PAUL FIRE AND MARINE

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INSURANCE COMPANY, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, and

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TRAVELERS

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“TRAVELERS”)

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

PROPERTY
and

CASUALTY

defendants

COMPANY

CENTEX

HOMES

OF
and

AMERICA.
CENTEX

(collectively

REAL

ESTATE

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

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CENTEX within the Complaint filed by TRAVELERS on August 22, 2014, are voluntarily

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DISMISSED WITHOUT PREJUDICE:

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Case No.: 1:14-cv-1384-LJO-GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ COMPLAINT

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

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TRAVELERS’ first, second and third counts for declaratory relief regarding
whether CENTEX breached the cooperation clause in the insurance policies.

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TRAVELERS’ first, second and third 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 Complaint

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filed by TRAVELERS on August 22, 2014, remain outstanding:
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TRAVELERS’ first, second and third counts for declaratory relief regarding
CENTEX’s claimed entitlement to independent counsel.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 20, 2015

UNITED STATES DISTRICT JUDGE

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Case No.: 1:14-cv-1384-LJO-GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ COMPLAINT