Thompson Pacific Construction, Inc. v. American International Group, Inc.

Filing 19

ORDER granting 18 STIPULATION WITH PROPOSED ORDER. Hearings set for 10 and 14 Motions to Dismiss are VACATED. Plaintiff will file a First Amended Complaint by 4/3/2015. Signed by Judge William H. Orrick on 03/27/2015. (jmdS, COURT STAFF) (Filed on 3/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Thompson Pacific Construction, Inc.,

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Plaintiff,
v.

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American International Group, Inc.,
American Int’l Specialty, Chartis
Specialty Insurance Company, Chartis
Property Casualty Company, Chartis
Casualty Company, and Does 1 through
100,

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Defendants.

) Case No. 3:15-CV-01091-WHO
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) ORDER ON JOINT STIPULATION
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This matter having come before the Court upon Plaintiff Thompson Pacific

22 Construction, Inc. (“TPC”), and Defendants American International Group, Inc.
23 (AIG Inc.) and AIG Specialty Insurance Company (AIG Specialty), joint Stipulation
24 as follows:
1.
TPC’s action against AIG, Inc. will be stayed and AIG, Inc.’s motion to
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26 dismiss will be taken off calendar. Within 30 days after TPC obtains full and
27 complete copies of all of the insurance policies issued by AIG and/or its subsidiaries
28 as identified in AIG, Inc.’s and/or AIG Specialty’s moving papers, TPC will either:

-1Stipulation and Order.

No. 3:15-CV-01091-WHO

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a.

Dismiss AIG, Inc. if each of the full and complete policies are

2 produced and show that AIG, Inc. is not a party to any of those policies, or
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b.

File its opposition to AIG, Inc.’s motion to dismiss, upon which a

4 hearing date will be scheduled.
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2.

Pursuant to Federal Rules of Civil Procedure, Rule 15(a)(1)(B), TPC

6 will file a First Amended Complaint by April 3, 2015.
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3.

AIG Specialty will take its motion to dismiss or, alternatively for a more

8 definite statement off calendar, without prejudice.
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The Court having reviewed the joint Stipulation; and after due deliberation and

10 sufficient cause appearing therefore, the Court finds that the joint Stipulation is
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13 IT IS SO ORDERED.
14 Dated: March 27, 2015
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By: ________________________
Judge William H. Orrick
Federal District Court Judge.

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-2Stipulation and Order.

No. 3:15-CV-01091-WHO