Ghilotti Bros., Inc. v. American Safety Indemnity Company

Filing 76

ORDER TO SHOW CAUSE Show Cause Response due by 3/15/2013.. Signed by Judge ARMSTRONG on 3/8/13. (lrc, COURT STAFF) (Filed on 3/8/2013)

1
2

UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

OAKLAND DIVISION

5

GHILOTTI BROS., INC.,

Case No: C 09-2735 SBA

6

Plaintiff,
7

ORDER TO SHOW CAUSE RE
DISMISSAL

vs.
8

AMERICAN SAFETY INDEMNITY
9 COMPANY, a corporation, and DOES 1-50,

inclusive,
10

Defendants.
11
12
13

On August 30, 2012, the Ninth Circuit reversed the judgment entered by Judge

14

Vaughn Walker in this action in favor of Plaintiff, and held that Defendant “has no duty to

15

defend [Plaintiff] in the underlying suit.” Dkt. 69 at 5. In their Joint Supplemental Case

16

Management Conference Statement filed on December 7, 2012, the parties agree that “the

17

Ninth Circuit’s decision resolves the issues raised by plaintiff’s complaint for declaratory

18

relief.” Dkt. 75 at 2. In light of the foregoing, it appears that no issue remains for the

19

Court’s determination. Accordingly,

20

IT IS HEREBY ORDERED THAT the parties shall show cause, in a memorandum

21

not to exceed three pages, why the instant action should not be dismissed with prejudice.

22

The failure to file a memorandum in response to this Order by March 15, 2013, shall be

23

construed as a consent to the dismissal.

24
25
26
27
28

IT IS SO ORDERED.
Dated: March 8, 2013

_____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge