Opinion
NO. CIV. S-10-2806 LKK/GGH.
April 7, 2011
ORDER
A hearing on defendant Lexington Insurance Company's ("Lexington") Motion to Dismiss, ECF. No. 47, is currently set for April 11, 2011. In the motion, Lexington seeks to dismiss defendant and cross-claimant PG E's request for attorney's fees. PG E has filed a statement of non-opposition to the motion. ECF No. 64. Accordingly the court orders as follows:
[1] The hearing currently scheduled for April 11, 2011, is VACATED.
[2] Lexington's Motion to Dismiss, ECF No. 47 is GRANTED.
[3] The request for attorney's fees in PG E's cross claim, ECF No. 23 14:24, is DISMISSED without prejudice.
IT IS SO ORDERED.