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)

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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

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