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Continental Casualty Co. v. St. Paul Surplus Lines Insurance Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 20, 2009

CONTINENTAL CASUALTY COMPANY, PLAINTIFF,
v.
ST. PAUL SURPLUS LINES INSURANCE COMPANY; DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Counsel in the above entitled action have submitted a Stipulation and Proposed Order for continuance of the hearings on Plaintiff Continental Casualty's Motion for Partial Summary Judgment, and Defendant St. Paul's Motion for Summary Judgment, both of which are presently scheduled to be heard on February 6, 2009. The continuance request is premised on counsel's contention that rulings on certain discovery motions currently pending before the Magistrate Judge assigned to this matter are necessary in order to properly respond to the Motions for Summary Judgment.

Given the length of time the Motions for Summary Judgment have already been pending, as well as the uncertainty concerning when the rulings on the discovery will in fact be forthcoming, the Court hereby dismisses, without prejudice, said Motions (Docket Nos. 20 and 22), with the directive that said Motions may be refiled, as necessary, not later than twenty (20) days following the Magistrate Judge's disposition of the currently pending discovery motions.*fn1

IT IS SO ORDERED.


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