Continental Insurance Company v. Gifford-Hill & Company Inc et al
| Continental Insurance Company |
| Hanson Aggregates West Inc, Hanson Aggregates LLC, Gifford-Hill Cement Company, Amcord Inc, Riverside Cement Company, Riverside Cement Holdings Company, Texas Industries Inc, TXI Riverside Inc, TXI Cement Company, TXI California Inc, Beazer West of California Inc, Hanson Pipe & Precast Inc, Lehigh Hanson Inc and Gifford-Hill & Company Inc |
| 3:2012cv00925 |
| March 27, 2012 |
| U.S. District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sidney A Fitzwater |
| Insurance |
| 12 U.S.C. ยง 635 |
| Plaintiff |
Available Case Documents
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| Document Text |
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Filing
68
MEMORANDUM OPINION AND ORDER: Having considered the issues of federalism, fairness, and efficiency, and guided by the Trejo factors, the court concludes that Central National's state-court suit presents the better forum for deciding the q uestions in controversy here. The court therefore grants the 47 Insureds' motion to stay. See Wilton, 515 U.S. at 288 n.2 (noting that staying instead of dismissing federal action is often preferable "where the basis for declining to p roceed is the pendency of a state proceeding... because it assures that the federal action can proceed without risk of a time bar if the state case, for any reason, fails to resolve the matter in controversy"). The court does not reach the motion to transfer venue. The clerk of court is directed to close this case for statistical purposes. A party may for cause move the court to reopen the case statistically. (Ordered by Chief Judge Sidney A Fitzwater on 5/6/2013) (tln)
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