Hartford Fire Insurance Company v. NBC General Contractors Corporation et al
ORDER. Signed by Judge Saundra Brown Armstrong on 4/25/2014. (ndr, COURT STAFF) (Filed on 4/25/2014)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7 HARTFORD FIRE INSURANCE
Case No: C 09-5363 SBA
NBC GENERAL CONTRACTORS
11 CORPORATION, a California
Corporation; MONICA UNG, an
12 individual; and DENNIS CHOW,
On April 22, 2014, the Court granted summary judgment in favor of Hartford Fire
Insurance Company (“Hartford”) on its breach of indemnity agreement claim against
Monica Ung (“Ung”) in the amount of $5,572,663.42. Dkt. 137. In that order, the Court
directed Hartford to file a statement advising the Court of its intentions on the remaining
claims alleged against Ung in the complaint. Id. On April 25, 2014, Hartford filed a
statement requesting the Court dismiss the remaining claims alleged against Ung 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 under Rule 15 of the Federal
Rules of Civil Procedure. Dkt. 138. The Court construes Hartford’s request as a motion to
voluntarily withdraw its second, third, and fourth claims for relief under Rule 15. 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 Ung are DISMISSED without prejudice.
In addition to requesting dismissal of the remaining claims alleged against Ung in
the complaint, Hartford requests the Court enter final judgment against Ung on its breach of
indemnity agreement claim. Dkt. 138. The Court finds that there is no just reason for delay
in the entry of judgment against Ung 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 Ung in the
amount of $5,572,663.42.
IT IS SO ORDERED.
SAUNDRA BROWN ARMSTRONG
United States District Judge
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