Hartford Fire Insurance Company v. NBC General Contractors Corporation et al

Filing 107

ORDER re 105 Statement filed by Hartford Fire Insurance Company, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 3/5/13. (lrc, COURT STAFF) (Filed on 3/5/2013)

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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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7 HARTFORD FIRE INSURANCE
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ORDER
Plaintiff,

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Case No: C 09-5363 SBA

COMPANY,

v.
NBC GENERAL CONTRACTORS

11 CORPORATION, a California

Corporation; MONICA UNG, an

12 individual; and DENNIS CHOW,
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an individual,
Defendants.

On November 13, 2009, Plaintiff Hartford Fire Insurance Company ("Hartford")
commenced the instant action against NBC General Contractors Corporation ("NBC"),
Monica Ung ("Ung"), and Dennis Chow ("Chow") alleging claims for breach of indemnity
agreement, specific performance, injunctive relief, and quia timet. Compl., Dkt. 1.
Defendants NBC and Ung are currently involved in separate bankruptcy proceedings. Dkt.
34, 69. Both are subject to the automatic stay under 11 U.S.C. § 362(a).
On February 25, 2013, the Court granted summary judgment in favor of Hartford on
its breach of indemnity agreement claim against Chow in the amount of $7,176,188.18.
Dkt. 104. In that order, the Court directed Hartford to file a statement advising the Court of
its intentions on the remaining claims alleged against Chow in the complaint. Id. On
March 4, 2013, Hartford filed a statement requesting the Court dismiss the remaining
claims alleged against Chow in the complaint (i.e., the second claim for specific
performance, the third claim for injunctive relief, and the fourth claim for quia timet)
without prejudice. Dkt. 105. The Court construes Hartford's request as a motion to

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voluntarily withdraw its second, third, and fourth claims for relief under Rule 15 of the
Federal Rules of Civil Procedure. See Hells Canyon Preservation Council v. U.S. Forest
Serv., 403 F.3d 683, 687-688 (9th Cir. 2005). The Court GRANTS Hartford's motion. The
second, third, and fourth claims for relief alleged by Hartford against Chow are
DISMISSED without prejudice.
In addition to requesting dismissal of the remaining claims alleged against Chow in
the complaint, Hartford requests the Court enter final judgment against Chow on its breach
of indemnity agreement claim. Dkt. 105. Finally, Hartford requests that this action be
administratively closed until the respective bankruptcy cases filed by the remaining
Defendants, NBC and Ung, are closed or the automatic stays under 11 U.S.C. § 362(a) are
respectively lifted. Id.
The Court finds that there is no just reason for delay in the entry of judgment against
Chow on Hartford's breach of indemnity agreement claim. Fed.R.Civ.P. 54(b).
Accordingly,
IT IS HEREBY ORDERED that FINAL JUDGMENT is entered in favor of
Hartford on its breach of indemnity agreement claim against Chow in the amount of
$7,176,188.18. In light of the bankruptcy stays, IT IS FURTHER ORDERED that the
Clerk of the Court ADMINISTRATIVELY CLOSE this action. In the event that either
stay is lifted, the parties shall immediately notify the Court and specify their request for
further handling of this action.
IT IS SO ORDERED.
Dated: 3/5/13

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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