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16-1083 - Berkshire Hathaway Specialty Insurance Company v. Phoenix, City of et al


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16-1083 - Berkshire Hathaway Specialty Insurance Company v. Phoenix, City of et al
September 2, 2016
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ORDER that Defendants' Motion for Summary Judgment (Doc. 65) is granted; the City's Motion for Partial Summary Judgment (Doc. 68) is denied; Defendants' Motion to Exclude Expert Testimony of Jeffrey Stempel (Doc. 67) is granted to the extent stated in this order; Defendants' Motion to Transfer Related Case (Doc. 78) is denied; and that the Clerk enter judgment against Plaintiff City of Phoenix and in favor of Defendants First State Insurance Company, Twin City Fire Insurance Company, New England Reinsurance Corporation, and Nutmeg Insurance Company that Plaintiff take nothing. The Clerk shall terminate this case. Signed by Senior Judge Neil V Wake on 9/2/16.Associated Cases: 2:15-cv-00511-NVW, 2:16-cv-01083-JAT(KGM)
November 10, 2016
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ORDER: Defendant City of Phoenix's Motion to Dismiss (Doc. 31) is granted. Defendant North River Insurance and TIG Insurance's Motion to Dismiss (Doc. 53) is also granted. Plaintiff's action is dismissed without prejudice as unripe, and the Clerk of the Court shall enter judgment accordingly, including all counterclaims and crossclaims addressed below. ORDERED denying all other pending motions (Docs. 66, 70, 71, and 77) as moot. ORDERED that Cross Claimants First State Insurance Company, Twin City Fire Insurance Company, New England Reinsurance Corporation, and Nutmeg Insurance Company's counter-claims against Plaintiff and cross-claims against the City, Pacific Indemnity Company, Century Indemnity Company, TIG Insurance Company, North River Insurance Company, and Travelers Casualty and Surety Company (Doc. 48) are dismissed without prejudice as not ripe; Cross Claimant Traveler's Casualty and Surety Company's counter-claims against Plaintiff and crossclaims against the City, Twin City Fire Insurance Company, New England Reinsurance Corporation, Pacific Indemnity Company, TIG Insurance Company, North River Insurance Company, Nutmeg Insurance Company, Century Indemnity Company, First State Insurance Company (Doc. 59) are dismissed without prejudice as not ripe. Signed by Senior Judge James A Teilborg on 11/8/16. (EJA)