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3039 B Street Associates, Inc. v. Lexington Insurance Co.

August 27, 2010

3039 B STREET ASSOCIATES, INC., ET AL., PLAINTIFFS,
v.
LEXINGTON INSURANCE COMPANY, DEFENDANT.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 27th day of August, 2010, it is hereby

ORDERED, that Plaintiffs' motion for reconsideration (doc. no. 68) will be GRANTED in part and DENIED in part. The motion for reconsideration will be GRANTED to the extent that the sentences in the Court's May 3, 2010 Memorandum (doc. no. 65), stating that Defendant advanced Plaintiffs $50,000 on their insurance claim in 2008, will be deleted, and the Amended Memorandum will read as follows:

1. Paragraph 10 under § III(B)(1) will read: "On April 10, 2008, Cheney stated that he would forward Plaintiffs' advance payment request to Defendant and that Plaintiffs' statement of loss of $681,173.81 was subject to investigation."

2. Section III(B)(1) will include a ¶ 18 that will read: "On July 7, 2009, upon completion of the investigation, Defendant sent Plaintiffs a payment for $78,511.84, the amount of the undisputed loss."

3. Section III(B)(1)(c) will read: "During the investigatory process, the parties agree that no settlement discussions occurred inter se. As such, this factor is not applicable here."

IT IS FURTHER ORDERED that Plaintiffs' motion for reconsideration will be DENIED in all other respects.

AND IT IS SO ORDERED.

20100827

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