North River Ins. Co. v. Marietta Cellars, Incorporated

Northern District of California, cand-4:2015-cv-03020

ORDER VACATING HEARING AND REQUIRING SUPPLEMENTAL BRIEFING re {{13}} MOTION to Dismiss. Responses due by 10/9/2015. Replies due by 10/16/2015. Signed by Judge Jeffrey S. White on 9/24/15.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 NORTH RIVER INSURANCE COMPANY, 7 Case No. 15-cv-03020-JSW Plaintiff, 8 ORDER VACATING HEARING AND v. REQUIRING SUPPLEMENTAL 9 BRIEFING MARIETTA CELLARS, 10 INCORPORATED, Re: Docket No. 13 11 Defendant. 12 Northern District of California United States District Court 13 Now before the Court for consideration is the motion to dismiss or to stay filed by 14 Defendant, Marietta Cellars, Incorporated ("Defendant"), which is scheduled for a hearing on 15 October 9, 2015. The Court has considered the parties' papers, relevant legal authority, and the 16 record in this case, and it finds that the motion is suitable for disposition without oral argument. 17 See N.D. Civ. L.R. 7-1(b). However, the Court also concludes that supplemental briefing is 18 warranted. 19 Defendant has moved to dismiss on the basis that this action is not yet ripe. It is evident 20 from the record that the parties dispute whether the insurance policy at issue (the "Policy") covers 21 Defendant's claim (the "Claim"). It also appears that, at the time Plaintiff filed its Complaint, 22 Plaintiff had not denied the Claim. Plaintiff bears the burden to show that an actual case or 23 controversy exists, which includes the requirement that the case be ripe. 24 Accordingly, Plaintiff shall file a supplemental brief by no later than October 2, 2015, as to 25 why the fact that it has not denied the Claim does not preclude the Court from finding that this 26 case is ripe for adjudication. Plaintiff's supplemental brief shall not exceed five pages. Defendant 27 may file a response, which shall not exceed five pages, by no later than October 9, 2015. Plaintiff 28 may file a reply, which shall not exceed five pages, by no later than October 16, 2015. Once 1 Plaaintiff has filled its reply, the motion shall be deeemed submittted, and the Court shall issue a 2 wriitten ruling in i due coursee. 3 IT IS SO S ORDER RED. 4 Daated: Septem mber 24, 2015 5 5 6 ___________________________ JE EFFREY S. W WHITE 7 Unnited States D District Judgge 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2