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Radian Asset Assurance, Inc. v. College of the Christian Bros.
Citations: 274 F.R.D. 683; 2011 U.S. Dist. LEXIS 65596; 2011 WL 2429272Docket: No. CIV 09-0885 JB/DJS
Court: District Court, D. New Mexico; May 25, 2011; Federal District Court
Radian Asset Assurance Inc. filed a Motion for Voluntary Dismissal on January 7, 2011, seeking to dismiss its claims against Defendant Christian Brothers of the College of Santa Fe without prejudice and without costs. The College of Santa Fe opposed the dismissal of Radian Asset's second claim for relief regarding contractual indemnification, requesting that the claim be dismissed with prejudice or that Radian Asset be barred from refiling it in this case. During a hearing on February 11, 2011, the Court proposed a compromise: dismiss the contractual indemnification claim without prejudice but prohibit Radian Asset from refiling it in this case. Both parties agreed to this proposal. Consequently, the Court granted Radian Asset's motion with the specified condition that it may not bring its contractual indemnification claim against the College of Santa Fe in the current proceedings.