JAMES RIVER INSURANCE COMPANY v. DCMI, INC.

No. C 11-06345 WHA.

JAMES RIVER INSURANCE COMPANY, Plaintiff, v. DCMI, INC.; WESTERN HERITAGE INSURANCE COMPANY; MT. HAWLEY INSURANCE COMPANY; PELAGIA, LLC; 7th AVENUE CENTER, LLC; ANN BUTLER, as trustee of for the ANN M. BUTLER Trust; and WILLOW, LLC, Defendants. AND RELATED CROSS-CLAIMS.

United States District Court, N.D. California.

July 12, 2012.


Attorney(s) appearing for the Case

James River Insurance Company, an Ohio corporation, Plaintiff, represented by Jonathan B. Cole , Nemecek & Cole, A Professioal Corporation & Matthew Joseph Hafey , Nemecek & Cole, P.C..

DCMI, Inc, a Nevada corporation, Defendant, represented by Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP & Anna DiBenedetto , Burton Schmal & DiBenedetto, LLP.

Western Heritage Insurance Company, an Arizona corporation, Defendant, represented by Joshua Stanley Leach , Selman Breitman LLP.

Mt. Hawley Insurance Company, an Illinois corporation, Defendant, represented by Marc J. Derewetzky , Trenk, DiPasquale, Webster, Della Fera & Sodono.

MICHAEL GOLDSMITH, Counter-claimant, represented by Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP.

Brown & Brown Insurance Brokers of Sacramento, Inc., doing business as Powers & Company, Counter-defendant, represented by Nancy Nicholson Potter , Murchison & Cumming, LLP.

Mt. Hawley Insurance Company, Cross-defendant, represented by Marc J. Derewetzky , Trenk, DiPasquale, Webster, Della Fera & Sodono.

Western Heritage Insurance Company, an Arizona corporation, Counter-claimant, represented by Joshua Stanley Leach , Selman Breitman LLP.

James River Insurance Company, an Ohio corporation, Counter-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

DCMI, Inc, a Nevada corporation, Cross-claimant, represented by Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP & Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP.

James River Insurance Company, Cross-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

James River Insurance Company, an Ohio corporation, Cross-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

DCMI, Inc, a Nevada corporation, Counter-claimant, represented by Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP & Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP.

James River Insurance Company, Counter-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

James River Insurance Company, an Ohio corporation, Counter-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

DCMI, Inc, a Nevada corporation, Counter-claimant, represented by Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP & Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP.

James River Insurance Company, an Ohio corporation, Counter-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

Mt. Hawley Insurance Company, an Illinois corporation, Cross-claimant, represented by Marc J. Derewetzky , Trenk, DiPasquale, Webster, Della Fera & Sodono.

James River Insurance Company, an Ohio corporation, Cross-defendant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

Mt. Hawley Insurance Company, an Illinois corporation, Cross-claimant, represented by Marc J. Derewetzky , Trenk, DiPasquale, Webster, Della Fera & Sodono.

DCMI, Inc, a Nevada corporation, Cross-defendant, represented by Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP & Anna DiBenedetto , Burton, Schmal and DiBenedetto, LLP.

James River Insurance Company, an Ohio corporation, Cross-claimant, represented by Jonathan B. Cole , Nemecek & Cole & Matthew Joseph Hafey , Nemecek & Cole, P.C..

Brown & Brown Insurance Brokers of Sacramento, Inc., doing business as Powers & Company, Cross-defendant, represented by Jean M. Lawler .


ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS CROSS-CLAIMS AND VACATING HEARING

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this contract dispute, cross-defendant Brown and Brown Insurance Brokers of Sacramento, Inc. doing business as Powers & Company moves to dismiss three cross-claims of cross-complainant DCMI, Inc., and counter-complainant Michael Goldsmith. For the reasons stated below, the motion is GRANTED IN PART...

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