White River Village, LLP, et al., v. Fidelity and Deposit Company of Maryland, et al.,

Filing 430

ORDER granting 407 Motion to Reopen Case Proceedings for the Limited Purpose of Deciding Fidelity and Deposit Company of Maryland's Motion for Summary Judgment Regarding White River's Claims. On or before April 5, 2013, the parties SHALL CONTACT the chambers of United States Magistrate Judge Michael E. Hegarty to schedule a scheduling conference before the magistrate judge. By Judge Robert E. Blackburn on 3/25/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 08-cv-00248-REB-MEH
(Consolidated with Civil Action No. 08-cv-00359-REB-MEH)
WHITE RIVER VILLAGE, LLP,
Plaintiff,
v.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation,
Defendant/Third-Party Plaintiff,
v.
JONATHAN REED & ASSOCIATES, INC., et al.,
Third-Party Defendants.

ORDER LIFTING ADMINISTRATIVE CLOSURE
Blackburn, J.
This matter is before me on the Motion To Reopen Proceedings for the
Limited Purpose of Deciding Fidelity and Deposit Company of Maryland’s Motion
for Summary Judgment Regarding White River’s Claims [#407]1 filed March 23,
2012. The plaintiffs filed a response [#412] and the movant filed a reply [#417]. I grant
the motion.
This case was closed administratively pending the arbitration of some of the
claims asserted in this case. The arbitration is complete. The parties seek an order
confirming the arbitration award and defendant/third-party plaintiff Fidelity and Deposit
1

“[#407]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

Company of Maryland seeks an order resolving its motion for summary judgment.
Concurrently with this order, I enter orders confirming the arbitration award and
resolving the motion for summary judgment. In the end, a few claims remain pending in
this case. It is appropriate to re-open this case to resolve the two motions noted in this
paragraph and to schedule proceedings to resolve the few claims remaining in this
case.
THEREFORE, IT IS ORDERED as follows:
1. That the Motion To Reopen Proceedings for the Limited Purpose of
Deciding Fidelity and Deposit Company of Maryland’s Motion for Summary
Judgment Regarding White River’s Claims [#407] filed March 23, 2012, is
GRANTED;
2. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to reopen this civil
action; and
3. That on or before April 5, 2013, the parties SHALL CONTACT the chambers
of United States Magistrate Judge Michael E. Hegarty to schedule a scheduling
conference before the magistrate judge.
Dated March 25, 2013, at Denver, Colorado.
BY THE COURT:

2