These features include but are not limited to the square footage, type of foundation, number of stories, and the quality of the materials used for items such as flooring, countertops, windows, cabinetry, lighting and plumbing. J’Aire is inapposite, because there is no alleged contract between State Farm and the Verisk Defendants to which Plaintiffs can claim to be a third-party beneficiary. As discussed at the last hearing, it magento repricing appears that State Farm is merely a consumer of the software, and there is no basis to find that the agreement between Verisk Defendants and State Farm was intended to benefit State Farm’s insureds. See discussion, infra, at Section III.B. Plaintiffs have not explained how their insurance policy limits were based on 360 Value given that the policy limits appear to have been greater than the valuation provided by 360 Value.
You will find a summary of the totals and any extra expenditures, such as contractor fees and taxes, at the bottom of the page. The result, according to Plaintiffs, is that other insurers cannot compete with State Farm’s cheap pricing that are a product of “diminished coverage quality.” Id. Label the three claims as “cartel” and “conspiracy” in their hub-and-spoke conspiracy theory. Defendants offer various arguments against this antitrust conspiracy.
Publ’g Co., 292 F.3d 992, 1003 (9th Cir. 2002) . The Court therefore GRANTS Defendants’ motions to dismiss. Plaintiffs’ antitrust claims are dismissed with prejudice because this Court has afforded them multiple opportunities to plead antitrust claims, and they are unable to do so.
On December 9, Plaintiffs filed a request for judicial notice, asking the Court to take judicial notice of the chronology of legislation and case law following Fitzpatrick v. Hayes, 57 Cal. Docket No. 82 (“RJN”). State Farm objects to the RJN as, among other things, untimely because it was not filed with Plaintiffs’ opposition. Xactware’s Property Reports for the United States, Canada, and United Kingdom are invaluable resources for any professional who wants to better understand the year-over-year trends that are unfolding in the property insurance industry. Quickly record, categorize, and track personal property that needs to be stored, cleaned, or replaced after a property loss.
Plaintiffs do not disagree. Rule 9 states that an allegation of “fraud or mistake must state with particularity the circumstances constituting fraud.” Fed. The “circumstances” required by Rule 9 are the “who, what, when, where, and how” of the activity.