Richmond American Homes of Colorado, Inc. v. Scott Contracting, Inc. et al

Filing 6

ORDER For Remand and denying 5 Motion to Drop and or Sever Scott Contracting, Inc. as a defendant and this civil action is remanded to the District Court, Jefferson County, Colorado, signed by Judge Richard P. Matsch on 11/9/2009.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02613-RPM RICHMOND AMERICAN HOMES OF COLORADO, INC., a Colorado corporation, Plaintiff, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, AMERICAN ZURICH INSURANCE COMPANY, SCOTT CONTRACTING, INC., and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants. _____________________________________________________________________________ ORDER FOR REMAND _____________________________________________________________________________ This civil action was removed by the insurance company defendants and defendant Travelers Property Casualty Company of America, filed a motion to drop and or sever defendant Scott Contracting, Inc. as a defendant. Upon review of the First Amended Complaint, filed in the District Court, Jefferson County, Colorado, the claims made against Scott Contracting, Inc. are an integral part of the plaintiff's claims against the insurance companies in that the liability of Richmond American Homes of Colorado, Inc. for defective work is alleged to be that of Scott Contracting Inc. Accordingly, it is ORDERED that the Travelers' Motion to Drop and or Sever Scott Contracting, Inc. as a defendant is denied and it is FURTHER ORDERED that this civil action is remanded to the District Court, Jefferson County, Colorado. DATED: November 9th , 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge