Win Transport Inc v. California Freedom Trans LLC, et al

Filing 70

ORDER by Judge Yvonne Gonzalez Rogers denying 57 Motion to Dismiss (fs, COURT STAFF) (Filed on 11/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WIN TRANSPORT, INC.,

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Plaintiff,

Case No.: 14-cv-04178 YGR
ORDER DENYING DEFENDANT NATIONAL
INDEMNITY COMPANY’S MOTION TO DISMISS

vs.
CALIFORNIA FREEDOM TRANS. LLC, et al.,

Re: Dkt. No. 57

Defendants.

United States District Court
Northern District of California

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On October 5, 2015, defendant National Indemnity Company (“National”) filed a motion to
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dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 57.) Plaintiff filed its
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responsive brief on October 19, 2015. (Dkt. No. 62.) National filed its reply on October 26, 2015.
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(Dkt. No. 63.) The matter came on for hearing on November 10, 2015.
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Having carefully considered the briefing and arguments submitted in this matter, and for the
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reasons set forth in full detail on the record on November 10, 2015, National’s motion to dismiss is
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DENIED. To the extent any ambiguity existed with respect to plaintiff’s claims against National,
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the Court finds that plaintiff brings its claims against National under California Insurance Code
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section 11580 as a judgment creditor. Plaintiff’s amended complaint, to be filed no later than
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November 20, 2015 (see Dkt. No. 69), shall be consistent therewith.
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This Order terminates Docket Number 57.
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IT IS SO ORDERED.
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Dated: November 10, 2015
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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE