Countryman v. Farmers Insurance Exchange et al

Filing 58

ORDER Plaintiff shall file his Revised Motion for Remand, addressing any remaining issues with respect to remand, on or before July 15, 2011. Defendants shall respond to the Revised Motion for Remand on or before July 22, 2011. Plaintiff shall be allowed to Reply, if necessary, on or before July 29, 2011. by Magistrate Judge Kathleen M. Tafoya on 7/7/2011. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 10–cv–01075–REB–KMT

LAWRENCE COUNTRYMAN, on behalf of himself and all others similarly situated,
Plaintiff,
v.
FARMERS INSURANCE EXCHANGE, an insurer, and Owner of Mid-Century Insurance
Company, and
MID-CENTURY INSURANCE COMPANY, a California corporation,
Defendants.

ORDER

This matter is before the court pursuant to the status conference held on July 7, 2011.
The parties advised the court that the mandate from the Tenth Circuit Court of Appeals resolved
only one portion of the issues initially raised in “Plaintiff’s Motion to Remand” [Doc. No. 10].
Both parties agreed that the unresolved portions of the remand motion still required resolution by
the court prior to any further proceedings in the case. All parties urged this court to delay further
scheduling until such time as the District Court addressed the remaining remand issues.
This court notes, however, that the District Court granted Plaintiff’s Motion to Remand
on November 3, 2010, albeit on grounds now rejected by the Tenth Circuit. [Doc. No. 45.]
Additionally, all other then pending motions were denied as moot based on the November 3,
2010 order. Id. Therefore, no motion is currently pending before the District Court.

Therefore, it is ORDERED
Plaintiff shall file his Revised Motion for Remand, addressing any remaining issues with
respect to remand, on or before July 15, 2011. Defendants shall respond to the Revised Motion
for Remand on or before July 22, 2011. Plaintiff shall be allowed to Reply, if necessary, on or
before July 29, 2011.
Dated this 7th day of July, 2011.

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