Okland Construction Company, Inc. v. Phoenix Insurance Company, The et al

Filing 233

ORDER: Judgment is entered in favor of Everest on Travelers' cross-claim for negligence. All pending motions 154 , 157 , 159 , 160 , 161 , 164 , 195 , 220 , and 224 are stricken with leave to re-file, as set forth in this order. The trial preparation conference set for 9/6/2013 is vacated. The trial set for 10/7/2013 is vacated, by Judge Lewis T. Babcock on 8/8/2013. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Lewis T. Babcock, Judge

Civil Action No. 11-cv-02652-LTB-BNB
OAKLAND CONSTRUCTION COMPANY, INC.,
Plaintiff,
v.
THE PHOENIX INSURANCE COMPANY, a Connecticut insurance company; THE
TRAVELERS INDEMNITY COMPANY OF AMERICA, a Connecticut Insurance Company;
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Connecticut insurance company;
ST. PAUL SURPLUS LINES INSURANCE COMPANY, a Connecticut insurance company;
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut insurance
company; EVEREST NATIONAL INSURANCE COMPANY, a New Jersey insurance
company; and AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE
COMPANY, a New Jersey insurance company,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
As further set forth on the record at the hearing held on August 8, 2013, IT IS HEREBY
ORDERED as follows:
1. Judgment is entered in favor of Everest on Travelers’ cross-claim for negligence;
2. All pending motions [Doc #s 154, 157, 159, 160, 161, 164, 195, 220 & 224] are
hereby STRICKEN WITH LEAVE TO RE-FILE subject to the following conditions;
a. motions and supporting memoranda shall not exceed 20 pages in length;
b. responses shall not exceed 15 pages in length;
c. replies shall not exceed 15 pages in length; and
d. Travelers and Everest shall jointly brief the choice of law issue.
3. Any motion that the parties wish to re-file subject to the conditions set forth above is
due on or before August 29, 2013; responses are due on or before September 12, 2013; and
replies are due on or before September 26, 2013;
4. The trial preparation conference set for September 6, 2013 is VACATED; and

5. The trial set to commence on October 7, 2013 is VACATED.

Dated: August 8 , 2013, in Denver, Colorado.
BY THE COURT:
s/ Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE

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