Marquez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ATAIN SPECIALTY INSURANCE No. 1:19-cv-01672-DAD-SAB COMPANY, a Michigan Corporation, 12 Plaintiff, ORDER DENYING DEFENDANT v. MARQUEZ’S MOTION TO DISMISS OR STAY THIS ACTION LORENZO MARQUEZ, an individual doing business as LM CONSTRUCTION, (Doc. No. 43) et al., 16 Defendants.

18 This matter is before the court on defendant Lorenzo Marquez’s motion to dismiss this action for lack of subject matter jurisdiction and failure to state a claim or in the alternative to stay this action pending resolution of an underlying state court action. (Doc. No. 43.) Pursuant to General Order No. 617 addressing the public health emergency posed by the COVID-19 outbreak, the motion was taken under submission on the papers. (Doc. No. 46.) For the reasons set forth below, defendant Marquez’s motion will be denied in its entirety. BACKGROUND Plaintiff Atain Specialty Insurance Company…