AIG Specialty Insurance Company v. Phoenician LLC, et al

Filing 64

ORDER signed by Senior Judge William B. Shubb on 1/12/2015 re 50 defendant Everest's motion to dismiss plaintiff's Second Amended Complaint: The court concludes that this matter is not susceptible to disposition on motion to dismiss und er Federal Rule of Civil Procedure Rule 12(b)(6). Accordingly, plaintiff is given leave to withdraw its Second Amended Complaint and shall file a new amended complaint within 14 days from date this Order is signed. The stay previously ordered on discovery (Docket No. 23) is hereby lifted, and defendants shall as soon as practicable notice and file a motion for summary judgment. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AIG SPECIALTY INSURANCE COMPANY,
f/k/a/ CHARTIS SPECIALTY
INSURANCE COMPANY, f/k/a/
AMERICAN INTERNATIONAL SPECIALTY
LINES INSURANCE COMPANY

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ORDER

Plaintiff,

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CIV. NO. 2:13-2578 WBS CKD

v.
PHOENICIAN LLC and EVEREST
INDEMNITY INSURANCE COMPANY,
Defendants.

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----oo0oo----

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Having heard oral argument on defendant Everest’s

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motion to dismiss plaintiff’s Second Amended Complaint (Docket

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No. 50), the court concludes that this matter is not susceptible

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to disposition on motion to dismiss under Federal Rule of Civil

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Procedure Rule 12(b)(6).

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to withdraw its Second Amended Complaint and shall file a new

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amended complaint within 14 days from date this Order is signed.

Accordingly, plaintiff is given leave

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The stay previously ordered on discovery (Docket No. 23) is

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hereby lifted, and defendants shall as soon as practicable notice

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and file a motion for summary judgment.

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IT IS SO ORDERED.
Dated:

January 12, 2015

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