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

Filing 22

ORDER by Judge Claudia Wilken DENYING AS MOOT DEFENDANTS 12 MOTION TO DISMISS, ABSTAIN OR STAY. (ndr, COURT STAFF) (Filed on 4/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DIAMOND STATE INSURANCE COMPANY,
an Indiana corporation,

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ORDER DENYING AS
MOOT DEFENDANT’S
MOTION TO DISMISS,
ABSTAIN OR STAY
(Docket No. 12)

Plaintiff,

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v.

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MARIN MOUNTAIN BIKES, INC., a
California corporation; and ATB
SALES LIMITED, a private limited
company in the United Kingdom,

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Defendants.

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United States District Court
For the Northern District of California

No. C 11-5193 CW

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________________________________/

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On September 23, 2011, ATB Sales Limited (ATB) filed a

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federal action against Marin Mountain Bikes, Inc. (MMB), seeking

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to enforce a foreign judgment in favor of ATB against MMB.

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Request for Judicial Notice ¶ 1, Ex. A, Compl., ATB Sales Limited

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v. Marin Mountain Bikes, Inc., Case No. 11-4755 YGR (N.D. Cal.)

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(ATB case).

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On October 24, 2011, Plaintiff Diamond State Insurance

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Company filed the instant suit against ATB and MMB, seeking a

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declaratory judgment that it does not have a duty to defend or

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indemnify MMB in connection with the ATB case.

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Compl. ¶¶ 9-13.

On December 30, 2011, MMB filed a motion to dismiss, abstain

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or stay the current suit pending resolution of the ATB case.

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Docket No. 12.

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to file supplementary material in connection with its earlier

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motion, representing that it had reached a settlement with ATB in

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the underlying case.

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On February 8, 2012, MMB filed a request for leave

Docket No. 19.

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After the Court granted the parties leave to file

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supplementary material, MMB filed a sur-reply on April 16, 2012,

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stating that all parties have signed a written settlement

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agreement resolving the ATB case and that its motion to dismiss,

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abstain or stay the instant action had become moot in full.

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Docket No. 21, at 1-2.

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would file a notice in the ATB case informing the Court of the

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settlement.

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been filed in the docket of the ATB case and that that case is

United States District Court
For the Northern District of California

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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

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for May 2, 2012, at 2:00 p.m.

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scheduling order, the parties are required to file a joint case

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management statement no later than April 25, 2012.

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parties’ case management statement, in addition to the items

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required by the Standing Order for All Judges of the Northern

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District of California, the parties shall also address whether the

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ATB case has been closed and whether they have reached a

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resolution of the instant case.

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Pursuant to the case management

In the

IT IS SO ORDERED.

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Dated:

4/23/2012

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CLAUDIA WILKEN
United States District Judge

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CC: Hon. Yvonne Gonzalez Rogers
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