State Farm Fire & Casualty Company v. High Mark Development, Inc.

Filing 68

ORDER GRANTING 49 First MOTION for Leave to File Third Party Complaint filed by High Mark Development, Inc., without objection; 52 Unopposed MOTION for Leave to File Second Amended Complaint filed by State Farm Fire & Casualty Company, without ob jection. The Second Amended Complaint tendered on August 8, 2006 522 is hereby accepted for filing as of the date of this Order.Kinder Morgan, Inc. has been dismissed as a Defendant. Kinder Morgan, Inc. has been dismissed as Third-Party Plaintiff. Signed by Magistrate Judge Craig B Shaffer on 11/1/06. (erv, )

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State Farm Fire & Casualty Company v. High Mark Development, Inc. Doc. 68 Case 1:05-cv-02103-REB-CBS Document 68 Filed 11/01/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 05-cv-02103-REB-CBS STATE FARM FIRE AND CASUALTY COMPANY, individually and as subrogee of Aleja, Plaintiff, v. HIGH MARK DEVELOPMENT, INC., KINDER MORGAN, INC., Defendants. and KINDER MORGAN, INC., Third Party Plaintiff, v. R.W .LYALL & COMPANY. INC., Third Party Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ Magistrate Judge Craig B. Shaffer Pursu ant to the Order of Reference dated October 25, 2005 (doc. # 2) and the memoranda dated August 2, 2006 (doc. # 50) and August 8, 2006 (doc. # 53), High Mark Development Inc.'s Motion for Leave to File Third Party Complaint (doc. # 49) and State Farm Fire & Casualty Company's Partially Unopposed Motion for Leave to File Second Amen ded Complaint (doc. # 52) were referred to the Magistrate Judge. In light of the parties' Stipulation (filed October 23, 2006) (doc. # 64) and the District Judge's Order (filed October 31, 2006) (doc. # 67), IT IS ORDERED that: 1. High Mark Development Inc.'s Motion for Leave to File Third Party Complaint (filed August 1, 2006) (doc. # 49) is GRANTED without objection. 2. State Farm Fire & Casualty Company's Partially Unopposed Motion for Leave to File Second Amended Complaint (filed August 8, 2006) (doc. # 52) is GRANTED without objection. 1 Dockets.Justia.com Case 1:05-cv-02103-REB-CBS Document 68 Filed 11/01/2006 Page 2 of 2 3. The Second Amended Complaint tendered on August 8, 2006 (doc. # 52-2) is hereby accepted for filing as of the date of this Order. 4. 5. 6. 7. Kinder Morgan, Inc. has been dismissed as a Defendant . Kinder Morgan, Inc. has been dismissed as Third-Party Plaintiff. R.W . Lyall & Company, Inc. has been dismissed as Third-Party Defendant. Kinder Morgan, Inc. has been withdrawn from paragraph 24 of Defendant's Answer (doc. # 5). 8. This civil action shall proceed pursuant to the Second Amended Complaint under the following caption: STATE FARM FIRE AND CASUALTY COMPANY, individually and as subrogee of Aleja, Plaintiff, v. HIGH MARK DEVELOPMENT, INC., R.W. LYALL & COMPANY, INC., Defendants. DATED at Denver, Colorado, this 1st day of November, 2006. BY THE COURT: s/Craig B. Shaffer United States Magistrate Judge 2

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