Slocum

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 ATAIN SPECIALTY INSURANCE CASE NO. 1:19-CV-0247 AWI SKO COMPANY, a Michigan corporation, 10 Plaintiff ORDER ON DEFENDANTS’ MOTIONS TO DISMISS v. 12 RAYMOND SLOCUM, an individual d/b/a (Doc. Nos. 25, 26) Mountain Property Service, et al.,

Defendants

15 16 This is an insurance dispute that arises between Plaintiff Atain Specialty Insurance Co. (“Atain”) and its insureds, Defendants Raymond Slocum and Matthew Marvin both doing business as Mountain Property Services (collectively “MPS”). MPS is being sued in state court by co-defendant Adrian Porter (who is a minor). Atain seeks a declaration under 28 U.S.C. § 2201 that it owes no duty defend MPS against Porter’s claims. The Court previously denied motions to dismiss by Defendants, but did so without prejudice. Currently before the Court are renewed Rule 12(b)(6) and 12(c) motions by Porter and a motion to dismiss by MPS. For the reasons that follow, the motions will be granted. 25 …