Diamond State Insurance Company v. Marin Mountain Bikes, Inc. et al

Filing 22


Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 DIAMOND STATE INSURANCE COMPANY, an Indiana corporation, 7 ORDER DENYING AS MOOT DEFENDANT’S MOTION TO DISMISS, ABSTAIN OR STAY (Docket No. 12) Plaintiff, 6 v. 9 MARIN MOUNTAIN BIKES, INC., a California corporation; and ATB SALES LIMITED, a private limited company in the United Kingdom, 10 Defendants. 8 United States District Court For the Northern District of California No. C 11-5193 CW 11 ________________________________/ 12 On September 23, 2011, ATB Sales Limited (ATB) filed a 13 federal action against Marin Mountain Bikes, Inc. (MMB), seeking 14 to enforce a foreign judgment in favor of ATB against MMB. 15 Request for Judicial Notice ¶ 1, Ex. A, Compl., ATB Sales Limited 16 v. Marin Mountain Bikes, Inc., Case No. 11-4755 YGR (N.D. Cal.) 17 (ATB case). 18 On October 24, 2011, Plaintiff Diamond State Insurance 19 Company filed the instant suit against ATB and MMB, seeking a 20 declaratory judgment that it does not have a duty to defend or 21 indemnify MMB in connection with the ATB case. 22 Compl. ¶¶ 9-13. On December 30, 2011, MMB filed a motion to dismiss, abstain 23 or stay the current suit pending resolution of the ATB case. 24 Docket No. 12. 25 to file supplementary material in connection with its earlier 26 motion, representing that it had reached a settlement with ATB in 27 the underlying case. 28 On February 8, 2012, MMB filed a request for leave Docket No. 19. 1 After the Court granted the parties leave to file 2 supplementary material, MMB filed a sur-reply on April 16, 2012, 3 stating that all parties have signed a written settlement 4 agreement resolving the ATB case and that its motion to dismiss, 5 abstain or stay the instant action had become moot in full. 6 Docket No. 21, at 1-2. 7 would file a notice in the ATB case informing the Court of the 8 settlement. 9 been filed in the docket of the ATB case and that that case is United States District Court For the Northern District of California 10 11 12 13 Id. at 1. MMB also represented that the parties The Court notes that no such notice has still pending. Based on MMB’s statement, the Court DENIES AS MOOT MMB’s motion to dismiss, abstain or stay (Docket No. 12). A case management conference in this action is currently set 14 for May 2, 2012, at 2:00 p.m. 15 scheduling order, the parties are required to file a joint case 16 management statement no later than April 25, 2012. 17 parties’ case management statement, in addition to the items 18 required by the Standing Order for All Judges of the Northern 19 District of California, the parties shall also address whether the 20 ATB case has been closed and whether they have reached a 21 resolution of the instant case. 22 Pursuant to the case management In the IT IS SO ORDERED. 23 24 Dated: 4/23/2012 25 CLAUDIA WILKEN United States District Judge 26 CC: Hon. Yvonne Gonzalez Rogers 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?