Travelers Property Casualty Company of America v. Centex Homes, et al.

Filing 42

ORDER on Request for Dismissal without Prejudice of Certain Claims of Plaintiffs' First Amended Complaint, signed by District Judge Lawrence J. O'Neill on 01/15/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation; ST. PAUL MERCURY
INSURANCE COMPANY, a Minnesota
corporation; and FIDELITY AND GUARANY
INSURANCE UNDERWRITERS, INC., an
Iowa corporation,

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Plaintiff,

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v.
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-01450-LJO-GSA
Hon. Lawrence J. O’Neill
ORDER ON REQUEST FOR DISMISSAL
WITHOUT PREJUDICE OF CERTAIN
CLAIMS OF PLAINTIFFS’ FIRST
AMENDED COMPLAINT

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Pursuant to the stipulation by and between plaintiffs TRAVELERS PROPERTY

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CASUALTY COMPANY OF AMERICA, ST. PAUL MERCURY INSURANCE COMPANY and

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FIDELITY

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“TRAVELERS”)

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

AND

GUARANTY
and

defendants

INSURANCE
CENTEX

UNDERWRITERS,

HOMES

and

INC.

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 First Amended Complaint filed by TRAVELERS on October 31, 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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Case No.: 1:14-cv-01450-LJO-GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ FIRST AMENDED COMPLAINT

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TRAVELRS’ 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 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 First Amended

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Complaint filed by TRAVELERS on October 31, 2014, remain outstanding:

• TRAVELERS’ first and second count for declaratory relief regarding CENTEX’s
claimed entitlement to independent counsel.

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

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Case No.: 1:14-cv-01450-LJO-GSA
ORDER ON REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF CERTAIN CLAIMS OF
PLAINTIFFS’ FIRST AMENDED COMPLAINT