Insurance Corporation of New York v. H&H Plastering Inc. et al

Filing 83

ORDER RE CASE STATUS. Signed by Judge Alsup on December 1, 2009. (whalc2, COURT STAFF) (Filed on 12/1/2009)

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1 2 3 4 5 6 7 8 9 10 INSURANCE CORPORATION OF NEW YORK, Plaintiff, v. H&H PLASTERING INC., CONCRETE SHELL STRUCTURES, INC., and DOES 1 through 10, inclusive, Defendants. / ORDER RE CASE STATUS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California No. C 07-05214 WHA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Insurance Corporation of New York ("InsCorp") has filed a notice of an order of rehabilitation dated September 27, 2009, by the New York Supreme Court regarding InsCorp. That order, inter alia, appoints the Superintendant of Insurance of the State of New York as "rehabilitator" of InsCorp and permanently enjoins and restrains the officers, directors, shareholders, members, depositories, trustees, policyholders, agents, servants, employees, attorneys, managers and affiliates of InsCorp from (i) transacting the business of InsCorp, (ii) wasting or disposing of or permitting to be done any act or thing that might waste or dispose of InsCorp's property, and (iii) interfering with the rehabilitator in the possession, control and management of InsCorp's property or in the discharge of his duties. The order also restricts the ability of others to assert claims against InsCorp. On or before NOON ON DECEMBER 8, 2009, plaintiff's counsel shall file a submission addressing the impact of the New York Supreme Court's order of rehabilitation on the present 1 2 3 4 5 6 7 8 9 10 action and the underlying claims by third-party assignee Britannia Pointe Limited Partnership against InsCorp. IT IS SO ORDERED. Dated: December 1, 2009. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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