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Catholic Foreign Mission Soc'y of Am., Inc. v. Arrowood Indem. Co.

United States District Court, D. Hawaii

December 30, 2014

CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC., aka MARYKNOLL FATHERS AND BROTHERS, Plaintiff,
v.
ARROWOOD INDEMNITY COMPANY, formerly known as Royal Indemnity Company, as successor to Royal Globe Insurance Company and THE TRAVELERS COMPANIES, INC., Defendants

Decided December 29, 2014

Page 1149

[Copyrighted Material Omitted]

Page 1150

For Catholic Foreign Mission Society of America, Inc., also known as Maryknoll Fathers and Brothers, Plaintiff: James C. McWhinnie, Tred R. Eyerly, LEAD ATTORNEYS, Damon Key Leong Kupchak Hastert, Honolulu, HI.

For Arrowood Indemnity Company, formerly known as Royal Indemnity Company, as successor to Royal Globe Insurance Company formerly known as Royal Indemnity Company, successor, Royal Globe Insurance Company, Defendant: David R. Harada-Stone, Richard B. Miller, LEAD ATTORNEYS, Tom Petrus & Miller LLLC, Honolulu, HI; Courtney Elizabeth Scott, PRO HAC VICE, Tressler LLP, New York, NY.

For Travelers Companies, Inc. (The), " Defendant St. Paul Fire and Marine Insurance Company (" St. Paul" ) incorrectly sued herein as The Travelers Companies, Inc." other, St. Paul Fire and Marine Insurance Company, Defendant: Sheree A. Kon-Herrera, Wesley H.H. Ching, LEAD ATTORNEYS, Fukunaga Matayoshi Hershey Ching & Kop, Honolulu, Hi.

For St. Paul Fire and Marine Insurance Company, Defendant: Wesley H.H. Ching, LEAD ATTORNEY, Fukunaga Matayoshi Hershey Ching & Kop, Honolulu, Hi.

Page 1151

ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND(ECF No. 7) AND DENYING DEFENDANTS' MOTION TO DISMISS OR TRANSFER (ECF. No. 13)

Helen Gillmor, United States District Judge.

This case involves a request for declaratory relief as to insurance coverage for several underlying Hawaii state court lawsuits alleging sexual abuse by members of the clergy. Plaintiff filed a declaratory judgment action in Hawaii state court. Defendants removed the action to the Federal District Court for the District of Hawaii. Plaintiff moves for remand, requesting that the Court exercise its discretion to decline to exercise jurisdiction as the nature of the case is one for declaratory relief under the Declaratory Judgment Act.

Defendants have moved to dismiss or transfer this action because of a pending declaratory judgment action, filed by Defendant Arrowood, in the United States District Court for the Southern District of New York.

The Court declines to exercise jurisdiction.

Plaintiff's Motion to Remand (ECF No. 7) is GRANTED.

Defendants' Motion to Dismiss or Transfer (ECF No. 13) is DENIED.

PROCEDURAL HISTORY

On August 14, 2014, Plaintiff Catholic Foreign Mission Society of American, Inc., aka Maryknoll Fathers and Brothers (" Maryknoll" ) filed a Complaint against Defendants Arrowood Indemnity Company (" Arrowood" ) and The Travelers Companies, Inc. (" Travelers" ) in the Circuit Court of the First Circuit, State of Hawaii.

On August 29, 2014, Plaintiff filed a First Amended Complaint against Defendants Arrowood Indemnity Company and The Travelers Companies, Inc. in the Circuit Court of the First Circuit, State of Hawaii.

On September 16, 2014, Defendants Arrowood and St. Paul Fire and Marine Insurance Company (" St. Paul" ) filed a Joint Notice of Removal in the United States District Court for the District of Hawaii. (ECF No. 2.) Defendants contend that Plaintiffs incorrectly sued The Travelers Companies, Inc., rather than its subsidiary St. Paul.

On October 6, 2014, Plaintiff Maryknoll filed a Motion for Remand. (ECF No. 7.)

On October 7, 2014, Plaintiff Maryknoll filed a Motion for Leave to File Second Amended Complaint. (ECF No. 8.) Hearing on Plaintiff's Motion for Leave to File Second Amended Complaint is set for January 21, 2015.

On October 15, 2014, Defendant Arrowood filed a Motion to Dismiss or Transfer, in which Defendant St. Paul joined. (ECF No. 13, 14.)

Page 1152

On November 10, 2014, Defendants Arrowood filed an Opposition to Plaintiff's Motion to Remand, in which Defendant St. Paul joined. (ECF No. 21, 22.)

On November 10, 2014, Plaintiff Maryknoll filed an Opposition to Defendant Arrowood and St. Paul's Motion to Dismiss or Transfer, in which Defendant St. Paul joined. (ECF No. 23.)

On December 4, 2014, Defendant Arrowood filed a Reply to Plaintiff's Motion to Remand, in which Defendant St. Paul joined. (ECF No. 28, 29.)

On December 4, 2014, Plaintiff Maryknoll filed a Reply to Defendants' Opposition to Plaintiff's ...


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