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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND EVANSTON INSURANCE COMPANY, Plaintiff, v. DAN RYAN BUILDERS, INC., et al., Defendants. MEMORANDUM OPINION On August 24, 2011, Evanston Insurance Company ("Evanston" or "Insurer"), plaintiff, filed this declaratory action against Dan Ryan Builders, Inc. ("DRB"); Dan Ryan Builders Realty, Inc. ("DRB Realty"); Daniel Ryan ("Ryan"); and David Doseff ("Doseff"), defendants, seeking a judicial determination that it owes no defense and/or indemnity obligations to defendants with respect to a civil action now pending against all of the defendants in a West Virginia state court (the "West Virginia case"). See Complaint For Declaratory Judgment Civil No.: ELH-11-02366

("Complaint," ECF 1).1 On November 15, 2011, defendants moved to dismiss, pursuant to Fed. R. Civ. P. 12(b)(1) and the Declaratory Judgment Act, 28 U.S.C.

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Maryland Law