Ohio Casualty Insurance Company, The v. Ashbury General Contracting and Engineering et al

Filing 49

ORDER FOR SUPPLEMENTAL BRIEFING. Signed by Judge Richard Seeborg on 4/2/14. (clS, COURT STAFF) (Filed on 4/2/2014)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

11
For the Northern District of California

United States District Court

10
OHIO CASUALTY INSURANCE CO.,

12
13

Plaintiff,
v.

No. CV 13-00060 RS
ORDER FOR SUPPLEMENTAL
BRIEFING

ASHBURY GENERAL CONTRACTING
14 AND ENGINEERING, et. al.,
15
Defendant.
16 ____________________________________/
17
18
This matter arises out of a General Agreement of Indemnity (“Indemnity Agreement”)
19
related to various surety bonds. Plaintiff Ohio Casualty Fire Insurance Company (“Ohio Casualty”)
20
brought this action for breach of contract against defendants John Kim and Kin Michelle Dea (“the
21
Kims”) and others. Having reached a settlement with the other defendants, Ohio Casualty now
22
moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The
23
Kims failed to oppose Ohio Casualty’s motion, which is currently under submission without oral
24
argument pursuant to Civil Local Rule 7-1(b).
25
Ohio Casualty seeks to enforce the terms of the Indemnity Agreement, which the Kims
26
entered in May of 2010. On its face, however, the Indemnity Agreement does not list Ohio
27
Casualty as a party. (Indemnity Agreement, ECF No. 42-2, Ex. 1 at 1). It may be the case that
28
NO. CV 13-00060 RS
ORDER

1

there is a factual or legal basis allowing Ohio Casualty to assert rights under the Indemnity

2

Agreement, but that basis is not apparent from the present submissions. Accordingly, Ohio

3

Casualty is ordered within ten (10) days of the date of this order, to submit any supplemental

4

affidavits, evidence, or additional briefing not to exceed five (5) pages, establishing its right to

5

enforce the Indemnity Agreement. The Kims shall then have ten (10) days to file a response,

6

limited to Ohio Casualty’s supplemental submissions. At that point, the matter will be re-submitted

7

without oral argument pursuant to Civil Local Rule 7-1(b).

8

IT IS SO ORDERED.

9
DATED: 4/2/14
_______________________________
RICHARD SEEBORG
United States District Judge

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

NO. CV 13-00060 RS
ORDER

2