The opinion of the court was delivered by: Hon. Alicemarie H. Stotler, U.S. District Judge
PROCEEDINGS: ORDER (1) CONTINUING THIRD PARTY DEFENDANT INDIAN HARBOR'S MOTION FOR SUMMARY JUDGMENT FROM SEPTEMBER 14, 2009 TO OCTOBER 19, 2009 AT 10:00 A.M. AND (2) TO SHOW CAUSE WHY MOTION SHOULD NOT BE DENIED AS MOOT, RETURNABLE SEPTEMBER 11, 2009
I. Order Continuing Motion for Summary Judgment
On the Court's own motion, the hearing on third party defendant Indian Harbor Insurance Company's ("Indian Harbor") Motion for Summary Judgment is ordered continued from September 14, 2009, to October 19, 2009, at 10:00 a.m.
On June 29, 2009, the defendants NIC Insurance Company ("NIC") and third party defendant Indian Harbor Insurance Company ("Indian Harbor") filed a stipulation requesting the Court continue the hearing on Indian Harbor's Motion for Summary Judgment. NIC and Indian Harbor indicated that "Indian Harbor's motion will be moot if the Court grants [NIC's] summary judgment for rescission." On June 30, 2009, the Court granted the parties' request and continued the hearing on Indian Harbor's Motion for Summary Judgment to September 14, 2009. Also on June 30, 2009, the Court granted NIC's Motion for Summary Judgment on the Second Cause of Action (Rescission) in the Counterclaim. Accordingly, Indian Harbor's Motion for Summary Judgment should be moot. Indian Harbor, however, has not filed a Notice of Withdrawal.
NIC and Indian Harbor are ordered to show cause in writing no later than September 11, 2009, why Indian Harbor's Motion for Summary Judgment should not be denied as moot, as indicated, or why the Motion should remain on the Court's hearing calendar. If the Motion is moot, Indian Harbor should concurrently file a Notice to Withdraw the Motion. Failure to timely respond will result in denial of Indian Harbor's motion.
The Clerk shall serve this minute order on counsel for all parties in this action.
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