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Carolina Casualty Insurance Co. v. Tech Logistics Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 21, 2010

CAROLINA CASUALTY INSURANCE COMPANY, PLAINTIFF & COUNTER- DEFENDANT,
v.
TECH LOGISTICS CORP, DBA SYSTEMS LOGISTIC INC, ET AL, DEFENDANTS & COUNTER-CLAIMANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER GRANTING CAROLINA CASUALTY COMPANY'S PLAINTIFF/COUNTER-DEFENDANT MOTION TO DISMISS

(Doc. 20)

Before the Court for decision is Plaintiff/Counter-Defendant Carolina Casualty Company's motion to dismiss the second and third counterclaims advanced by Defendants/Counter-Plaintiffs Tech Logistics Corp. dba Systems Logistics, Inc., Eliseo Ontiveros Valdez, Agri-Comm Express, Inc. and Trucking Equipment Company, Inc. (collectively the "Defendants/Counter-Plaintiffs"). The motion was filed on May 28, 2010 and set for hearing on July 26, 2010.

On July 13, 2010, Defendants/Counter-Plaintiffs filed a statement of non-opposition to the motion. (Doc. 25.) Defendants/Counter-Plaintiffs stipulated to the dismissal of the second and third counterclaims without prejudice.

Based on Defendants/Counter-Plaintiffs' statement of non-opposition, Plaintiff/Counter-Defendant Carolina Casualty Company's motion to dismiss is GRANTED. The second counterclaim for breach of contract and third counterclaim for breach of the implied covenant of good faith and fair dealing are DISMISSED WITHOUT PREJUDICE. The motion hearing currently set for July 26, 2010 at 10:00 a.m. is VACATED.

IT IS SO ORDERED.

20100721

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