Opinion
1:22-cv-00037-KWR-SCY
08-29-2022
CENTEX HOMES dba CENTEX REAL ESTATE CORPORATION, a Nevada general partnership; CENTEX CONSTRUCTION OF NEW MEXICO, LLC, a foreign limited liability company; PULTE DEVELOPMENT NEW MEXICO, INC., a Michigan corporation,, Plaintiffs, v. PELEUS INSURANCE COMPANY, a Virginia corporation; CENTRAL MUTUAL INSURANCE COMPANY, an Ohio corporation; HDI GLOBAL SPECIALTY SE fka INTERNATIONAL INSURANCE OF HANNOVER, a New York corporation; SENTINEL INSURANCE COMPANY, LTD, a Connecticut corporation; COLORADO CASUALTY COMPANY, a New Hampshire corporation; THE CINCINNATI INSURANCE COMPANY, an Ohio corporation; THE CINCINNATI CASUALTY COMPANY, an Ohio corporation; DONEGAL MUTUAL INSURANCE COMPANY fka MOUNTAIN STATES MUTUAL CASUALTY COMPANY, a Pennsylvania corporation; HARTFORD CASUALTY INSURANCE COMPANY, a New Jersey corporation; CLARENDON NATIONAL INSURANCE COMPANY, as successor in interest by way of merger with Sussex Insurance Company fka as Companion Property and Casualty Insurance Company, a Texas corporation; FIRST MERCURY INSURANCE COMPANY, a Delaware corporation; CENTURY SURETY COMPANY, an Ohio corporation; UNITED SPECIALTY INSURANCE COMPANY, a Delaware corporation; KNIGHT SPECIALTY INSURANCE COMPANY, a Delaware corporation; GEMINI INSURANCE COMPANY, a Delaware corporation; WESTFIELD INSURANCE COMPANY, an Ohio corporation; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation; STARR INDEMNITY & LIABILITY COMPANY, a Texas corporation; STARR SURPLUS LINES INSURANCE COMPANY, a Texas corporation; ENDURANCE AMERICAN INSURANCE COMPANY, a Delaware corporation; OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation; OHIO SECURITY INSURANCE COMPANY, a New Hampshire corporation; UNION STANDARD INSURANCE COMPANY, a Texas corporation; BITCO GENERAL INSURANCE CORPORATION fka BITUMINOUS CASUALTY CORP., an Iowa corporation, Defendants. AND RELATED COUNTER-CLAIMS
Scott S. Thomas, Bar No. 21-275 Sarah J. Odia, Bar No. 21-279 PAYNE & FEARS LLP Attorneys at Law Attorneys for Plaintiffs
Scott S. Thomas, Bar No. 21-275 Sarah J. Odia, Bar No. 21-279 PAYNE & FEARS LLP Attorneys at Law Attorneys for Plaintiffs
ORDER GRANTING STIPULATION TO DISMISS PLAINTIFFS' CLAIMS AGAINST DEFENDANT DONEGAL MUTUAL INSURANCE COMPANY FKA MOUNTAIN STATES MUTUAL CASUALTY COMPANY (ECF NO. 1) AND DEFENDANT'S COUNTER-CLAIM AGAINST PLAINTIFFS (ECF NO. 64)
KEA W. RIGGS, UNITED STATES DISTRICT JUDGE
Pursuant to the Stipulation to Dismiss Plaintiffs' Claims Against Defendant Donegal Mutual Insurance Company fka Mountain States Mutual Casualty Company (ECF No. 1) and Defendant's Counter-Claim Against Plaintiffs (ECF No. 64), filed on August 26, 2022 (ECF No. 153), IT IS SO ORDERED that Plaintiffs' claims against Defendant Donegal Mutual Insurance Company f/k/a Mountain States Mutual Casualty Company, in the instant matter, Case No. 1:22-cv-00037-KWR-SCY, are DISMISSED WITH PREJUDICE. Additionally, Defendant/Counter-Claimant Donegal Mutual Insurance Company f/k/a Mountain States Mutual Casualty Company's claims against Plaintiffs/Counter-Defendants Centex Homes dba Centex Real Estate Corporation, Centex Construction of New Mexico, LLC, and Pulte Development New Mexico, Inc. in Counter-Claimant's Counterclaim for Declaratory Judgment are DISMISSED WITH PREJUDICE (ECF No. 64). Each party shall bear their own attorneys' fees and costs.