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06-022 - Realty Trust Group v. Sears Holding et al


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06-022 - Realty Trust Group v. Sears Holding et al
April 4, 2006
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ORDER - The Stipulation for Change of Parties Names Filing No. 20 is granted.The Clerk of Court shall amend the case caption and docket to reflect thechanges described above. The Joint Motion for Enlargement of Time Filing No. 21 is granted. The defendants Allied World Assurance Company, Lexington Insurance Company, Continental Casualty Company, United States Fire Insurance Company, Certain Underwriters of Lloyd's of London Subscribing to Policy Number JA002670U, and ACE American Insurance Company shall have to on or before April 14, 2006, to serve an answer or a motion under Fed. R. Civ. P. 12(b) in response to the amended complaint. Signed by Magistrate Judge Thomas D. Thalken on 4/4/2006. (TJS)
May 17, 2006
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MEMORANDUM AND ORDER that Defendant Sears Holding Corporation's motion to dismiss for lack of subject matter jurisdiction 18 is granted. Defendant Sears' motion to dismiss, or to transfer, based on lack of personaljurisdiction 15, plaintiff Realty Trust Group's ("RTG's") motion to substitute party 26, and the joint stipulation of dismissal without prejudice filed by RTG and defendants Allied World Assurance, Lexington Insurance, United States Fire Insurance Company, Ace American Insurance, Continental Casualty Company, and Certain Underwriters at Lloyd's, London 38 are denied for lack of subject matter jurisdiction. Signed by Judge Joseph F. Bataillon on 5/17/2006. (JAE, )