Maryland Casualty Company v. Avalon Management LLC et al

Filing 123

ORDER GRANTING STIPULATION AND MOTION RE: FILING OF FIRST AMENDED COMPLAINT, VACATING DEFAULT AS AGAINST DEFENDANT AVALON MANAGEMENT, LLC; ORDER GRANTING MOTIONS TO DISMISS COMPLAINT, COUNTERCLAIMS, AND COMPLAINT-IN-INTERVENTION by Judge Yvonne Gonzalez Rogers granting 120 Stipulation. (fs, COURT STAFF) (Filed on 6/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARYLAND CASUALTY COMPANY,

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Plaintiff,
vs.
AVALON MANAGEMENT, LLC, et al.,

United States District Court
Northern District of California

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Defendants.

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Case No.: 11-CV-5640 YGR
ORDER GRANTING STIPULATION AND
MOTION RE: FILING OF FIRST AMENDED
COMPLAINT, VACATING DEFAULT AS
AGAINST DEFENDANT AVALON
MANAGEMENT, LLC;
ORDER GRANTING MOTIONS TO DISMISS
COMPLAINT, COUNTER-CLAIMS, AND
COMPLAINT-IN-INTERVENTION

The parties filed their Stipulation re: Filing of First Amended Complaint and Vacation of

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Default By Defendant Avalon Management, LLC, on June 20, 2013. (Dkt. No. 118, “the First

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Stipulation.”)1 The parties appeared for their scheduled pre-trial conference on June 21, 2013.

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Plaintiff, Defendant-in-Intervention and Counter-Claimant Maryland Casualty Company appeared

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by counsel Hee Young Lee. Defendants Tiburon Hospitality, LLC, Tiburon Capital LLC, Tiburon

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Barstow, LLC, and Intervenor and Counter-Defendant Sequoia Insurance Company appeared by

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Michelle Myers and Alison F. Greene. After that hearing, the parties also submitted a second

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stipulation requesting dismissal of Maryland Casualty Company’s cross-claims. (Dkt. No. 120,

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“Second Stipulation.”)

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Based upon the First Stipulation, the Second Stipulation, and the parties’ motions and
responses on the record at the pre-trial conference, the Court ORDERS as follows:
(1)

The First Stipulation is GRANTED. The default previously entered as against

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Defendant Avalon Management, LLC is VACATED. The request to file a First Amended Complaint

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is GRANTED nunc pro tunc as of June 20, 2013. The filing of the First Amended Complaint on

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The Court mistakenly indicated on the record that no proposed order was submitted on the
stipulation. A proposed order was entered in ECF but was not submitted to chambers’ email as required by
Civil Local Rule 5-1(g).

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June 20, 2013, is APPROVED. All answers to the original Complaint for Rescission and

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Declaratory Relief are deemed to be answers to the First Amended Complaint.

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(2)

The motion on the record by Plaintiff Maryland Casualty Company to dismiss its

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complaint against all parties thereto, without prejudice, was unopposed by any party. This motion

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is GRANTED.

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(3)

The motion on the record by Complainant-In-Intervention Sequoia Insurance

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Company to dismiss its complaint-in-intervention against all parties thereto, with prejudice, was

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unopposed by any party. This motion is GRANTED.

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United States District Court
Northern District of California

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(4)

The Second Stipulation is GRANTED.

The First Amended Complaint of Maryland Casualty Company is DISMISSED WITHOUT
PREJUDICE in its entirety.
The cross-claims made by Plaintiff and Counter-Defendant Maryland Casualty Company in

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response to Sequoia Insurance Company’s Complaint-in-Intervention are DISMISSED WITH

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PREJUDICE.

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The Complaint-In-Intervention of Sequoia Insurance Company is DISMISSED WITH
PREJUDICE in its entirety.

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This Order terminates Docket No. 120.

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IT IS SO ORDERED.

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Date:June 21, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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