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

Filing 78

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/18/13. (lrc, COURT STAFF) (Filed on 3/18/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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GHILOTTI BROS., INC.,
Plaintiff,

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Case No: C 09-2735 SBA
DISMISSAL ORDER

vs.
AMERICAN SAFETY INDEMNITY

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inclusive,
Defendants.

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On August 30, 2012, the Ninth Circuit reversed the judgment entered by Judge
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Vaughn Walker in this action in favor of Plaintiff, and held that Defendant "has no duty to
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defend [Plaintiff] in the underlying suit." Dkt. 69 at 5. In their Joint Supplemental Case
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Management Conference Statement filed on December 7, 2012, the parties agree that "the
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Ninth Circuit's decision resolves the issues raised by plaintiff's complaint for declaratory
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relief." Dkt. 75 at 2. In light of the foregoing, the Court issued an Order to Show Cause
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("OSC") on March 8, 2013 directing the parties to show cause why the instant action should
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not be dismissed with prejudice. Dkt. 76. The Court advised the parties that the failure to
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file a memorandum in response to the OSC by March 15, 2013 shall be construed as a
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consent to the dismissal of this action. To date, neither party has filed a response to the
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OSC. Accordingly,
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IT IS HEREBY ORDERED THAT
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1.

This action is DISMISSED with prejudice.

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The Clerk shall close the file and terminate any pending matters.

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IT IS SO ORDERED.
Dated: 3/18/13

_____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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