Bituminous Casualty Corporation v. Hartford Casualty Insurance Company

Filing 29

MINUTE ORDER. ORDERED that the Motion 23 is GRANTED. The Clerk's Office is directed to enter the Amended Complaint and Jury Demand located at Docket No. 23-2. ORDERED that the Motion for Leave to File its Third-Party Complaint Against Canal Insurance Company 26 is GRANTED. The Clerk's Office is directed to enter Defendant's Third-Party Complaint Against Canal Insurance Company located at Docket No. 26-1 by Magistrate Judge Kristen L. Mix on 07/31/12.(jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-00043-WYD-KLM BITUMINOUS CASUALTY CORPORATION, an Illinois corporation, Plaintiff, v. HARTFORD CASUALTY INSURANCE COMPANY, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff’s Motion for Leave to File Amended Complaint Pursuant to Fed. R. Civ. P. 15 [Docket No. 23; Filed July 30, 2012] (the “Motion”). The Court notes that Plaintiff complied with its D.C.COLO.LCivR 7.1A. obligations, as it attempted timely conferral with Defendant, and Defendant did not timely respond. See [#23] at 1. On June 27, 2012, the Court extended the deadline for joinder of parties and amendment of pleadings to July 30, 2012 [#22]. In consideration of the timely filing of the Motion and the Court’s obligation to freely grant leave to amend pursuant to Fed. R. Civ. P. 15(a)(2), IT IS HEREBY ORDERED that the Motion [#23] is GRANTED. The Clerk’s Office is directed to enter the Amended Complaint and Jury Demand located at Docket No. 23-2. Defendant shall answer or otherwise respond to the Amended Complaint as prescribed by the federal rules. Also before the Court is Defendant’s Motion for Leave to File its Third-Party Complaint Against Canal Insurance Company [Docket No. 26; Filed July 30, 2012] (the “Motion”). As an initial matter, the Motion does not comply with D.C.COLO.LCivR 7.1A., and is subject to denial on this basis alone. However, in the interest of judicial economy, and in consideration of the timely filing of this Motion, IT IS HEREBY ORDERED that the Motion [#26] is GRANTED. The Clerk’s Office is directed to enter Defendant’s Third-Party Complaint Against Canal Insurance Company located at Docket No. 26-1. Defendant shall ensure service of the Third-Party Complaint as prescribed by the federal rules. Dated: July 31, 2012

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