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Fairmont Specialty Insurance Co. v. Century Surety Co.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 1, 2009

FAIRMONT SPECIALTY INSURANCE COMPANY
v.
CENTURY SURETY COMPANY, ET AL.

The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

Proceedings: (In Chambers)

ORDER OF REMAND

Plaintiff Fairmont Specialty Insurance Company ("Fairmont") initiated an action against Century Surety Company ("Century"), and Does 1 through 10, inclusive, in Los Angeles County Superior Court for equitable contribution, equitable subrogation, and declaratory relief. Century removed the action to this Court on March 5, 2009, on the ground of diversity jurisdiction. 28 U.S.C. § 1332. On March 25, 2009, the insured filed a parallel proceeding in Los Angeles County Superior Court against Century involving the same insurance coverage issues. Fairmont moves the Court to remand this action in the interests of judicial economy and to avoid inconsistent rulings. (Docket No. 8.) Century does not oppose. (Docket No. 13.) Accordingly, the Court hereby REMANDS the action. The hearing scheduled for Monday, May 11, 2009 is VACATED.

IT IS SO ORDERED.

20090501

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