Wright v. Twin City Fire Insurance Company, et al.

Filing 49

MINUTE ORDER denying as moot 46 Motion for Leave; granting 47 Motion for Leave; discharging Order to Show Cause; rejecting as moot 36 Administrative Record; vacating Scheduling Order premised on Plaintiff's ERISA claim entered 1/31/12. Scheduling Conference set for 7/3/2012 at 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 4/30/12.(cmacd )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-03181-KLM PATRICIA WRIGHT, formerly known as Patricia Critchfield, Plaintiff, v. THE HARTFORD, THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, THE HARTFORD FINANCIAL SERVICES GROUP INC., TWIN CITY FIRE INSURANCE COMPANY, and THE WARRANTY GROUP, L.L.C., also known as TWG Holding, L.L.C., Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on the Order to Show Cause issued April 19, 2012 [#43], Defendants’ Notice Regarding Jurisdiction in Response to Order to Show Cause [Docket No. 44; Filed April 24, 2012], and Plaintiff’s Response to the Order to Show Cause (Doc. No. 43) [Docket No. 48; Filed April 27, 2012]. IT IS HEREBY ORDERED that Plaintiff’s Unopposed Motion to Accept Filing One Day Out of Time [Docket No. 47; Filed April 27, 2012] (the “Motion”) is GRANTED. Plaintiff’s Response [#48] is accepted as timely filed. IT IS FURTHER ORDERED that Plaintiff’s Unopposed Motion to Accept Filing One Day Out of Time [Docket No. 46; Filed April 27, 2012] is DENIED AS MOOT. IT IS FURTHER ORDERED that the obligations stated in the Order to Show Cause [#43] are DISCHARGED. The Court is satisfied that it may exercise subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1332, for the reasons stated in Defendants’ Notice of Removal. See [#1]. In light of the Amended Complaint [#41] which dropped Plaintiff’s ERISA claim, 1 IT IS FURTHER ORDERED that the Administrative Record [#36] is REJECTED as moot, and the Scheduling Order premised on Plaintiff’s ERISA claim entered January 31, 2012 [#26] is VACATED. IT IS FURTHER ORDERED that a Scheduling Conference is set for July 3, 2012, at 11:00 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling order pursuant to District of Colorado Electronic Case Filing (“ECF”) Procedures on or before June 28, 2012. All other provisions of the Order Setting Scheduling/Planning Conference issued December 9, 2011 [#16] remain in effect. Dated: April 30, 2012 2

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