Performance Contracting, Inc. v. Engineered Wall Systems, Inc.

Filing 34

ORDER by Judge Richard Seeborg Denying as Moot 31 Third Party Defendant Top Notch Collision, LLC's Motion to Dismiss.(cl, COURT STAFF) (Filed on 3/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PERFORMANCE CONTRACTING, INC.,

Case No. 15-cv-05245-RS

Plaintiff,
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United States District Court
Northern District of California

v.
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ENGINEERED WALL SYSTEMS, INC.,
Defendant,

ORDER DENYING AS MOOT THIRDPARTY DEFENDANT TOP NOTCH
COLLISION, LLC'S MOTION TO
DISMISS

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v.
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TOP NOTCH COLLISION, LLC,
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Third Party Defendant.
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Defendant Engineered Wall Systems, Inc., (“EWS”) has filed a first amended third-party
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complaint against Top Notch Collision, LLC, advancing three claims for relief. In lieu of filing an
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answer, Top Notch filed a motion to dismiss EWS’s first claim for relief for express
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indemnification. Since then, the parties have stipulated to dismiss that claim without prejudice.
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Accordingly, Top Notch’s motion to dismiss EWS’s first claim for relief is denied as moot. Top
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Notch must file a responsive pleading to the first amended third-party complaint by March 21,
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2016.
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IT IS SO ORDERED.
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Dated: March 1, 2016
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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<< SHORT ORDER TITLE >>
CASE NO. 15-cv-05245-RS

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