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

Filing 56

MINUTE ORDER granting in part and denying as moot in part 45 Defendants' Motion to Modify Order Granting Plaintiff's Motion to Amend, and for Attorneys' Fees. Defendants shall file a motion compliant with D.C.COLO.LCivR 54.3 on or before 6/19/2012, for fees and costs incurred up to the filing of the instant Motion on 4/25/2012. By Magistrate Judge Kristen L. Mix on 5/29/12.(mnfsl, )

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.
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 Defendants’ Motion to Modify Order Granting
Plaintiff’s Motion to Amend, and for Attorneys’ Fees [Docket No. 45; Filed April 25,
2012] (the “Motion”). Although Plaintiff opposes the relief requested, see [#45] at 4, Plaintiff
failed to file a timely response. (Pursuant to Fed. R. Civ. P. 6(d) and D.C.COLO.LCivR
7.1C., Plaintiff’s response was due on or before May 21, 2012.) The Court thus construes
the Motion as unopposed.
IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED AS
MOOT IN PART. Defendants ask the Court to award their expenses incurred up to the
date of filing of the Motion, and to condition the Court’s acceptance of Plaintiff’s Amended
Complaint [#41] on the dismissal of The Hartford, The Hartford Financial Services Group,
Inc., Hartford Life and Accident Insurance Company, The Warranty Group, L.L.C., and
TWG Holdings L.L.C. [#45] at 17. On May 11, 2012 [#53], Plaintiff filed a Notice of
Voluntary Dismissal as to Defendants The Hartford, The Hartford Financial Services Group,
Inc., and Hartford Life and Accident Insurance Company. The remaining two Defendants,
Twin City Fire Insurance Company and The Warranty Group, L.L.C., filed an answer on
May 18, 2012 [#55]. Defendants’ request for dismissal of certain defendants is therefore
moot.
IT IS FURTHER ORDERED that Defendants shall file a motion compliant with
D.C.COLO.LCivR 54.3 on or before June 19, 2012, for fees and costs incurred up to the
filing of the instant Motion on April 25, 2012.
Dated: May 29, 2012