McIntosh

ORDER DISMISSING CASE

On October 8, 1993, Defendant Dennis McIntosh filed a Motion asking this Court (1) to decline jurisdiction over the above-captioned ease and dismiss it, or, in the alternative, (2) to stay it pending the resolution of a related state court action. Having considered all the relevant facts and law, the materials submitted by the parties, and the arguments of counsel, the Court declines jurisdiction over the above-captioned case. Accordingly, it is DISMISSED WITHOUT PREJUDICE, and may be refiled in state court if Plaintiff so chooses.

BACKGROUND

On January 4, 1993, Defendants Kathleen Hoenck, Carla Genoni, Lisa de la Rose and Christine Solidarios filed a Complaint in San ta Clara County Superior Court alleging, among other things, that Defendant Dennis McIntosh had sexually harassed them. Defendant McIntosh subsequently asked Plaintiff State Farm Fire and Casualty Company to defend and indemnify him pursuant to the terms of his homeowner’s and personal liability umbrella policies. State Farm informed McIntosh on March 22, 1993, that it would defend him subject to a reservation of rights, pending a final judicial determination of State Farm’s coverage…