Parklyn Bay Company, LLC v. Liberty Insurance Corporation et al

Filing 62

SUPPLEMENTAL BRIEFING ORDER--RESPONSE DUE BY 9 AM PDT, JULY 28, 2015. Signed by Judge Edward M. Chen on 7/24/15. (emclc1S, COURT STAFF) (Filed on 7/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PARKLYN BAY COMPANY, LLC,

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Plaintiff,

No. C-13-3124 EMC
SUPPLEMENTAL BRIEFING ORDER

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For the Northern District of California

United States District Court

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v.
LIBERTY INSURANCE CORPORATION,
et al.,

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Defendants.
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In its reply brief in support of its pending motion for summary judgment, Plaintiff Parklyn

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Bay Company argues that Defendants had a duty to defend based on the allegations at Paragraph 18

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of the complaint in the underlying Duncan action. See Docket No. 61 (Reply Br.) at 9-10; see also

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Docket No. 58-2 at 27 (Duncan Complaint) at ¶ 18 (“During the time plaintiffs were out of their

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unit, defendants and/or workers employed by defendants made multiple entries into the Premises

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without prior notice, and without the consent of plaintiffs.”). The Defendants are hereby

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ORDERED to file a supplemental brief, not to exceed five (5) pages in length, responding to

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Plaintiff’s argument that the allegations in Paragraph 18 triggered the Defendants’ duty to defend.

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Such supplemental brief shall be filed no later than 9 a.m. PDT on Tuesday, July 28, 2015.

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IT IS SO ORDERED.
Dated: July 24, 2015

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_________________________
EDWARD M. CHEN
United States District Judge