Country Mutual Insurance Company v. Rocky Mountain Construction Company, LLC et al

Filing 95

ORDER denying without prejudice 21 Plaintiff's Motion and Memorandum in Support of Summary Judgment. By Judge Robert E. Blackburn on 2/26/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 12-cv-00453-REB-KMT
COUNTRY MUTUAL INSURANCE COMPANY, an Illinois corporation,
Plaintiff,
v.
ROCKY MOUNTAIN CONSTRUCTION COMPANY, LLC, a Colorado limited liability
company,
ANTHONY K. FLORES,
FORTINO FLORES,
DAVID STILES, and
BRENDA STILES, citizens of the State of Colorado,
Defendants/Counter-Claimants/Third-Party Plaintiffs,
v.
JOSHUA HARTMAN, and
BRANDON AVERY,
Third-Party Defendants.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Blackburn, J.
The matter before me is Plaintiff’s Motion and Memorandum in Support of
Summary Judgment [#21],1 filed May 15, 2012. Having reviewed the motion,
response, and reply, I find and conclude that the issues raised by and inherent to the
motion would be better addressed on a more complete evidentiary recovery following
the close of discovery. See FED. R. CIV. P. 56(d)(1). Because the dispositive motions
deadline in this case is still more than three months away, the most efficacious course is
1

“[#21]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

to permit resubmission of any such motion at that time.2
THEREFORE, IT IS ORDERED that Plaintiff’s Motion and Memorandum in
Support of Summary Judgment [#21], filed May 15, 2012, is DENIED, without
prejudice to refile.
Dated February 26, 2013, at Denver, Colorado.
BY THE COURT:

2

The parties are cautioned that the extant page limitations of REB Civ. Practice Standard
IV.B.2. are still applicable, although plaintiff need not seek leave to file a second summary motion that
otherwise complies with the page limitations.

2