Ain v. UNUM Life Insurance Company of America

Filing 73

ORDER granting 59 Plaintiffs Motion to Amend the Complaint to Include a Claim for Exemplary Damages ; denying 64 Plaintiff's Third Motion to Compel; defendants requests for an award of attorneys fees and costs is DENIED. by Magistrate Judge Boyd N. Boland on 5/11/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-00540-WYD-BNB JONATHAN AIN, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Plaintiff's Motion to Amend the Complaint to Include a Claim for

Exemplary Damages [Doc. # 59, filed 4/8/2009] (the "Motion to Amend"); and (2) Plaintiff's Third Motion to Compel [Doc. # 64, filed 4/14/2009] (the "Third

Motion to Compel"). I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Amend is GRANTED. The Clerk of the Court is directed to accept for filing the Second Amended Complaint and Jury Demand [Doc. # 60]. IT IS FURTHER ORDERED that the Third Motion to Compel is DENIED. IT IS FURTHER ORDERED that the defendant's requests for an award of attorneys fees and costs is DENIED. Dated May 11, 2009.

BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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