Financial Title Company v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 10

ORDER GRANTING IN PART 1 National Unions Motion for Withdrawal of the Reference and Demand for Jury Trial. The Court finds good cause exists to withdraw the reference to the U.S. Bankruptcy Court as to Defendant National Union. Plaintiffs claims as serted against National Union shall be heard in this Court with trial to a jury. It is FURTHER ORDERED that there is good cause to permit the adversary proceeding against Executive Risk to continue in the United States Bankruptcy Court. Therefore Nat ional Unions Motion for Withdrawal of the Reference and Demand for Jury Trial is DENIED IN PART as it pertains to Executive Risk. Plaintiffs claims asserted against Executive Risk shall continue to be heard in the United States Bankruptcy Court. by Judge William J. Martinez on 7/11/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-01508-WJM-KMT
In Re: FINANCIAL TITLE COMPANY, a California Corporation,
FINANCIAL TITLE COMPANY, a California Corporation,
Plaintiff,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, and
EXECUTIVE RISK INDEMNITY, INC.,
Defendants.
_____________________________________________________________________
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT NATIONAL
UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA’s MOTION FOR
WITHDRAWAL OF THE REFERENCE AND DEMAND FOR JURY TRIAL
_____________________________________________________________________
This matter is before the Court pursuant to the Motion for Withdrawal of the
Reference and Demand for Jury Trial (ECF No. 1), filed by Defendant National Union
Fire Insurance Company of Pittsburgh, PA (“National Union”).
Plaintiff Financial Title Company filed a consent to the Motion (ECF No. 4),
stating that it does not object to withdrawal of the reference. Defendant Executive Risk
Indemnity, Inc. (“Executive Risk”), filed an objection (ECF No. 3), stating that it does not
object to withdrawal of the reference with respect to the claims brought against National
Union, but that it does object to withdrawal of the reference with respect to the claims
asserted against Executive Risk. National Union filed a reply (ECF No. 9), stating that
the claims asserted against Nation Union could be tried separately from the claims

asserted against Executive Risk.
Accordingly, the Court, being fully advised and having reviewed the record in this
case, hereby ORDERS as follows:
National Union’s Motion for Withdrawal of the Reference and Demand for Jury
Trial is GRANTED IN PART. The Court finds good cause exists to withdraw the
reference to the U.S. Bankruptcy Court as to Defendant National Union. Plaintiff’s
claims asserted against National Union shall be heard in this Court with trial to a jury.
It is FURTHER ORDERED that there is good cause to permit the adversary
proceeding against Executive Risk to continue in the United States Bankruptcy Court.
Therefore National Union’s Motion for Withdrawal of the Reference and Demand for
Jury Trial is DENIED IN PART as it pertains to Executive Risk. Plaintiff’s claims
asserted against Executive Risk shall continue to be heard in the United States
Bankruptcy Court.
Dated this 11th day of July, 2011.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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