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BROWN v. ALLSTATE INS. CO.

Civ. No. 98-CV-0094-B(POR).

17 F.Supp.2d 1134 (1998)

Michael T. BROWN, Plaintiff, v. ALLSTATE INSURANCE COMPANY, a corporation; Ken Baker, an individual; Jim Tomasello, an individual; Robert Gick, an individual; and Does 1-50, inclusive, Defendants.

United States District Court, S.D. California.

July 31, 1998.

Attorney(s) appearing for the Case

Patrick L. Prindle, Anne L. Rauch, The Reed Law Firm, San Diego, CA, for plaintiff.

Peter H. Klee, Luce, Forward, Hamilton, & Scripps, LLP, San Diego, CA, for defendant.

ORDER (1) DECLINING REMAND AND VACATING MAY 19, 1998 ORDER TO SHOW CAUSE, (2) DISMISSING DEFENDANTS BAKER, TOMASELLO AND GICK AS FRAUDULENTLY JOINED, (3) GRANTING IN PART AND DENYING IN PART DEFENDANT ALLSTATE'S RULE 12(B)(6) MOTION TO DISMISS, AND (4) GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT

BREWSTER, Senior District Judge.

I. BACKGROUND

Michael Brown ("Plaintiff") owns two plumbing companies that performed plumbing...

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