Menominee Indian Tribe of Wisconsin v. Lexington Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MENOMINEE INDIAN TRIBE OF Case No. 21-cv-00231-WHO WISCONSIN, et al., 8 Plaintiffs, ORDER GRANTING MOTIONS TO DISMISS v. RE: DKT. NOS. 62, 64, 67, 68, 69, 70, 73, 106

LEXINGTON INSURANCE COMPANY,

et al., Defendants. 12 Plaintiffs Menominee Indian Tribe of Wisconsin, the Menominee Indian Gaming Authority d/b/a Menominee Casino Resort (“MCR”), and the Wolf River Development Company’s (collectively, “Menominee”) seek coverage from each defendant for the damages Menominee sustained due to the COVID-19 pandemic and resulting government closure orders. Defendant Lexington Insurance Company (“Lexington”), joined by the other insurance company defendants (collectively “Defendants”), moves to dismiss Menominee’s First Amended Complaint (“FAC”) because Menominee cannot plausibly allege that it is entitled to coverage. For the reasons explained below, all of Defendants’ motions related to Lexington’s…