Security Service Federal Credit Union v. First American Mortgage Funding, LLC et al

Filing 321

ORDER granting in part and denying in part 182 Third-Party Defendant Lawyers Titles Motion to Strike, andor in the Alternative 182 Motion to Bifurcate Third-Party Claims. The motion is GRANTED to the extent Lawyers Title seeks dismissal of the First Third-Party Claim for Relief - Negligence. The motion is DENIED and DENIED AS MOOT as set forth herein. by Chief Judge Wiley Y. Daniel on 3/30/2010.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-00955-WYD-CBS SECURITY SERVICE FEDERAL CREDIT UNION, Plaintiff, v. FIRST AMERICAN MORTGAGE FUNDING, LLC, et al. Defendants. FIRST AMERICAN MORTGAGE FUNDING, LLC, Third-Party Plaintiff, v. STEWART TITLE OF CALIFORNIA, INC., et al. Third-Party Defendants. FIRST AMERICAN MORTGAGE FUNDING, LLC, et al. Cross-claim Plaintiffs, v. FIRST AMERICAN MORTGAGE, INC., et al. Cross-claim Defendants. FIRST AMERICAN MORTGAGE FUNDING, LLC, et al. Counterclaim Plaintiffs, v. SECURITY SERVICE FEDERAL CREDIT UNION, Counterclaim Defendant. ORDER THIS MATTER comes before me on Third-Party Defendant Lawyer's Title's Motion to Strike, or in the Alternative to Sever and to Bifurcate, Third-Party Claims filed July 27, 2009 [d/e 182]. I have also reviewed Third Party Plaintiff's Response to that motion [d/e 250] as well as Lawyer's Title's Reply [d/e 297]. Because I have already found that FAM's negligence claim should be dismissed and that FAM's breach of contract claim survived a Rule 14 challenge, rulings which I incorporate fully herein, Lawyer's Title's motion to dismiss the negligence claim is granted and the motion is denied with respect to the contract claim. Given that I anticipate FAM filing an amended complaint in the near future, I will deny as moot the remaining requests of Lawyer's Title's motion with leave to re-file at a later date. Accordingly, it is ORDERED that Third-Party Defendant Lawyer's Title's Motion to Strike, or in the Alternative to Sever and to Bifurcate, Third-Party Claims filed July 27, 2009 [d/e 182] is GRANTED IN PART and DENIED IN PART. The motion is GRANTED to the extent Lawyer's Title seeks dismissal of the "First Third-Party Claim for Relief - Negligence". The motion is DENIED and DENIED AS MOOT as set forth herein. Dated: March 30, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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