Baldwin Academy, Inc. v. Markel Insurance Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 BALDWIN ACADEMY, INC. and Case No.: 3:20-cv-02004-H-AGS

PERICO HOLDINGS USA, LLC,

ORDER DENYING DEFENDANT

Plaintiffs, MARKEL INSURANCE v. COMPANY’S MOTION TO DISMISS 16 MARKEL INSURANCE COMPANY and [Doc. No. 7.] DOES 1 through 10, inclusive, Defendants. 19 On September 9, 2020, Plaintiffs Baldwin Academy, Inc. and Perico Holdings USA, 20 LLC (collectively, “Plaintiffs”) filed a complaint against Defendant Markel Insurance 21 Company in California state court. (Doc. No. 1-3 Ex. 2, Compl.) On October 13, 2020, 22 Defendant removed the action to federal court on the basis of diversity jurisdiction. (Doc. 23 No. 1.) On October 23, 2020, Defendant filed a motion to dismiss Plaintiffs’ complaint for 24 failure to state a claim. (Doc. No. 7.) On November 25, 2020, Plaintiffs filed their 25 opposition. (Doc. No. 8.) On December 7, 2020, Defendant filed its reply. (Doc. No. 26 11.) On…