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

Filing 111

ORDER REOPENING CASE, Motions terminated: 110 MOTION to Reopen Case filed by Hartford Fire Insurance Company.. Signed by Judge ARMSTRONG on 5/30/13. (lrc, COURT STAFF) (Filed on 5/30/2013)

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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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Plaintiff,

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Case No: C 09-5363 SBA

COMPANY,
ORDER GRANTING
MOTION TO REOPEN
THE CASE

v.
Docket 110

NBC GENERAL CONTRACTORS
11 CORPORATION, a California
Corporation; MONICA UNG, an
12 individual; and DENNIS CHOW,
an individual,
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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. 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. On
March 5, 2013, the Court issued an Order dismissing the remaining claims alleged in the
complaint against Chow and entered final judgment against Chow on Hartford's breach of
indemnity agreement claim. Dkt. 107. The Court also administratively closed the case in
light of the automatic stay issued in the respective bankruptcy cases filed by NBC and Ung.
Id. The Court directed the parties to immediately notify the Court in the event that either
stay is lifted and to specify their request for further handling of this action. Id.
On May 15, 2013, Hartford filed a motion to reopen the case. Dkt. 110. Hartford
argues that reopening the case is warranted because "the Bankruptcy Court entered an order

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granting Hartford's motion to lift the automatic stay so that Hartford could enforce its civil
remedies against . . . Ung and proceed to judgment against . . . Ung in this Action." Curran
Decl. ¶ 14, Dkt. 110. Under Civil Local Rule 7-3, any opposition to Hartford's motion was
due by no later than fourteen days after the motion was filed, i.e., May 29, 2013. This
Court's Standing Orders specifically warn that "[t]he failure of the opposing party to file a
memorandum of points and authorities in opposition to any motion shall constitute a
consent to the granting of the motion." Civil Standing Orders at 4. To date, no opposition
has been filed. Having read and considered the papers filed in connection with Hartford's
motion, the Court finds that good cause exists to reopen the case.
Accordingly,
IT IS HEREBY ORDERED THAT:
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Hartford's motion to reopen the case is GRANTED.

2.

The Clerk shall reopen the case.

3.

This Order terminates Docket 110.

IT IS SO ORDERED.
Dated: 5/30/13

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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