Public Service Company of Colorado et al v. AXIS Surplus Insurance Company

Filing 15

ORDER Denying Defendant's Partial 9 Motion to Dismiss, by Judge Richard P. Matsch on 9/4/2012.(rpmcd)

IN THE UNITED STATES DISTRICT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-01174-RPM
PUBLIC SERVICE COMPANY OF COLORADO
d/b/a XCEL ENERGY, and
XCEL ENERGY SERVICES INC.,
Plaintiffs,
v.
AXIS SURPLUS INSURANCE COMPANY,
Defendant.
____________________________________________________________________________________
ORDER DENYING DEFENDANT’S PARTIAL MOTION TO DISMISS
____________________________________________________________________________________
On July 9, 2012 defendant Axis Surplus Insurance Company filed a Partial Motion to Dismiss
[9], seeking dismissal of the first, third and fourth claims for relief in the complaint pursuant to
Fed.R.Civ.P. 12(b)(6). The motion has been fully briefed. It is apparent from the briefing that the
defendant’s contentions are based on legal arguments that depend upon unsettled Colorado law. Before
this Court can resolve those issues the full factual context of the settlement of the underlying litigation
must be considered. Accordingly, it is

ORDERED that the motion is denied and the case will proceed to a scheduling
conference.
DATED: September 4th, 2012
BY THE COURT:
s/ Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge