Garcia v. Berkshire Life Insurance Company of America et al

Filing 7

(VACATED)MINUTE ORDER denying without prejudice 3 Motion to Dismiss and denying without prejudice 4 Motion for Temporary Restraining Order and Preliminary Injunction, by Chief Judge Wiley Y. Daniel on 11/23/09.(gmssl, ) Modified on 11/24/2009 to VACATED pursuant to the Minute Order dated 11/23/2009 (sah, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02703-WYD-CBS TINA GARCIA, Plaintiff, v. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA, a wholly owned Subsidiary of The Guardian Life Insurance Company of America; and THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a foreign insurance company, Defendants. MINUTE ORDER ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL THIS MATTER is before the Court on a review of the file. It appears that a motion to dismiss, a motion for temporary restraining order and a motion for preliminary injunction were filed in the state court proceeding before this case was removed to this Court. These motions (doc. # 3 and 4) are DENIED WITHOUT PREJUDICE. The parties shall meet and confer regarding the relief sought in the motions. If the motions are refiled, they shall be filed in accordance with the requirements of the Local Rules and my Practice Standards. Dated: November 23, 2009 -1-

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