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GBTI, Inc. v. Insurance Co. of the State of Pennsylvania

February 1, 2010

GBTI, INC.; GILL BROS. TRUCKING, ET AL., PLAINTIFFS,
v.
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO AMEND (Document 14)

Plaintiffs GBTI, Inc., Gill Bros Trucking, Harninder Gill, Harjinder Gill, Charan Gill, Pakhar Gill and Gurdial Gill ("Plaintiffs") filed the instant motion for leave to amend on December 18, 2009. Pursuant to Local Rule 230(g), the Court deemed the matter suitable for decision without oral argument. As discussed below, Plaintiffs' motion for leave to amend is DENIED.

BACKGROUND

Plaintiffs filed this action on May 29, 2009, in Fresno County Superior Court. On July 2, 2009, Defendants The Insurance Company of the State of Pennsylvania ("ICSOP") and The American International Group Inc. dba The Truck Insurance Group, a Division of American International Group Risk Management ("Truck") removed the action to this Court.

According to the Complaint, in December 2004, Defendants issued to Plaintiff GBTI, Inc. a commercial automobile liability policy for the period of December 15, 2004 to December 15, 2005 (No. SFT407243601) and a commercial general liability policy for the period of December 30, 2004 to December 30, 2005 (No. SGL1807103). In December 2004, Defendants also issued a commercial general liability policy to Gill Bros Trucking (No. SGL1807105) for the period from December 30, 2004 to December 30, 2005.

On August 14, 2005, a commercial tractor-trailer unit owned by Gill Bros. Trucking and operated by GBTI, Inc. was involved in a multi-vehicle accident in Missouri. After the accident, there was a consolidated personal injury action in the Western District of Missouri, Case No. 4:06-cv-00286 (the "Nosker Lawsuit"). In March 2007, Plaintiffs made a formal tender of defense and indemnity of GBTI, Inc. to Defendants. Defendants rejected the request in April 2007, and Plaintiffs were forced to retain private counsel in the Nosker Lawsuit.

The complaint asserts causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiffs seek general, consequential and punitive damages.

On July 10, 2009, Defendants filed a motion to dismiss. Plaintiffs did not file an opposition. On July 29, 2009, the Court ruled on the motion to dismiss. By its order, the Court:

(1) dismissed Defendant Truck from the action; (2) directed the Clerk to enter judgment in favor of Defendant Truck and against Plaintiffs; (3) struck allegations in the complaint addressing Gill Bros. Policy no. SGL1807105; (4) struck the punitive damages allegations, including paragraph 39 and the punitive damages prayer at page 9, line 26; and (5) ordered Defendant ICSOP to file an answer to the remaining allegations.

On July 30, 2009, Plaintiffs filed a demand for jury trial.

On July 31, 2009, the Clerk entered judgment pursuant to the Court's order.

On August 10, 2009, Defendant ICSOP filed its answer.

On October 7, 2009, the Court held a scheduling conference. The Court entered a scheduling order on October 10, 2009. Pursuant to the order, the non-expert discovery cut-off is April 1, 2011, and the expert discovery cut-off is May 1, 2011.

On December 18, 2009, Plaintiffs filed the instant motion to amend to state a claim for ...


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