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