Sabawoon Salim Construction Co. v. ECC International LLC et al

Filing 45

ORDER Re Liberty Mutual's Motion for Hearing on Third Party Claim. Signed by Judge Edward M. Chen on 4/7/2016. (emcsec, COURT STAFF) (Filed on 4/7/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SABAWOON SALIM CONSTRUCTION 8 Case No. 15-cv-04362-EMC CO., Plaintiff, 9 v. 10 ORDER RE LIBERTY MUTUAL’S MOTION FOR HEARING ON THIRD PARTY CLAIM Docket No. 40 ECC INTERNATIONAL LLC, et al., Defendants. 12 For the Northern District of California United States District Court 11 13 On March 22, 2016, Third Party Claimant Liberty Mutual Insurance Company (Liberty 14 15 Mutual) filed a motion for a hearing on its third party claim pursuant to California Code of Civil 16 Procedure section 720.310. Docket No. 40. The Court then requested supplemental briefing on 17 the applicability of section 720.310 in the federal courts. Docket No. 43. Having reviewed the papers, the Court finds that there is good cause to set a hearing more 18 19 than 20 days after the filing of Liberty Mutual’s third party claim, as Liberty Mutual and Petitioner 20 Sabawoon Salim Construction Company (SSCC) are in the process of conducting discovery on 21 Liberty Mutual’s claim (with production expected in mid-April 2016). Docket No. 44 at 7. Once 22 discovery is completed, Liberty Mutual may file a noticed motion per Civil Local Rule 7-2, with a 23 hearing set out at least 35 days after filing of the motion. If the parties find that an evidentiary 24 /// 25 /// 26 /// 27 /// 28 /// 1 hearing is required, they may so inform the Court; otherwise, the Court will decide the matter 2 based on the papers and arguments at hearing. 3 This order disposes of Docket No. 40. 4 5 IT IS SO ORDERED. 6 7 8 9 Dated: April 7, 2016 ______________________________________ EDWARD M. CHEN United States District Judge 10 12 For the Northern District of California United States District Court 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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