Navigators Insurance Company v. Dialogic, Inc.

Filing 16

ORDER re 11 MOTION to Dismiss filed by Dialogic, Inc. Dialogic to submit decl. establishing citizenship of Liberty/Berkley by 5/15. Navigators response due 5/26. Signed by Judge Ronald M Whyte on 5/5/2014. (rmwlc2, COURT STAFF) (Filed on 5/5/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

SAN JOSE DIVISION
11
12

NAVIGATORS INSURANCE COMPANY,
Plaintiff,

13
14
15

Case No. 13-cv-05954-RMW
ORDER RE: SUPPLEMENTAL
BRIEFING

v.
DIALOGIC INC. formerly known as VERAZ
NETWORKS INC. and DOES 1-50

[Re Docket No. 11]
16

Defendants.

17
18
19
20
21
22
23
24
25
26
27
28

Defendant Dialogic Inc. (“Dialogic”) moves to dismiss plaintiff Navigators Insurance
Company’s (“Navigators”) complaint for failure to join a necessary party under Federal Rule of
Civil Procedure 12(b)(7). Dkt. No. 11. On May 2, 2014 the court held a hearing on the motion to
dismiss. At the hearing, Navigators argued that Dialogic had not submitted sufficient evidence
showing that nonparties Liberty Insurance Underwriters Inc. (“Liberty”) and W.R. Berkley
Corporation (“Berkley”) would destroy the court’s diversity jurisdiction if joined. Navigators did
not make this argument in its briefing, and Dialogic indicated it could submit declarations from
Liberty and Berkley to establish their corporate citizenship. Accordingly, the court orders Dialogic
to submit a declaration(s) establishing the corporate citizenship of the Liberty and Berkley
companies that issued the insurance policies at issue in this case by May 15, 2014. Dialogic may
ORDER
Case No. C-13-05954-RMW
LRM

-1-

1

submit a 2 page brief accompanying the declaration(s). Navigators may submit a 5 page response to

2

the declaration(s) by May 26, 2014. The court will then decide the motion on the papers.

3
4

IT IS SO ORDERED.

5
6

Dated: May 5, 2014

_________________________________
Ronald M. Whyte
United States District Judge

7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER
Case No. C-13-05954-RMW
LRM

-2-