Phoenix Insurance Company, The et al v. Trinity Universal Insurance Company of Kansas et al

Filing 19

ORDER APPROVING VOLUNTARY DISMISSAL OF DEFENDANTS THE CINCINNATI INSURANCE COMPANY AND CONTINENTAL WESTERN INSURANCE COMPANY, ONLY. 9 Notice of Dismissal of Party and 10 Notice of Dismissal of Party are APPROVED. Plaintiffs' claims against defendant The Cincinnati Insurance Companyare DISMISSED. Plaintiffs' claims against defendant Continental Western Insurance Company are DISMISSED. by Judge Robert E. Blackburn on 7/31/12. (mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01553-REB-KLM
THE PHOENIX INSURANCE COMPANY, a Connecticut insurance company, and
ST. PAUL SURPLUS LINES INSURANCE COMPANY, a Connecticut insurance
company,
Plaintiffs,
v.
TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, a Kansas insurance
company,
TRINITY UNIVERSAL INSURANCE OF KANSAS, a Kansas insurance company,
TRINITY UNIVERSAL INSURANCE COMPANY, a Texas insurance company,
ZURICH AMERICAN INSURANCE COMPANY, a New York insurance company,
STATE FARM INSURANCE COMPANY, an Illinois insurance company,
THE CINCINNATI INSURANCE COMPANY, an Ohio insurance company,
MOUNTAIN STATES INSURANCE GROUP, a New Mexico insurance company,
CONTINENTAL WESTERN INSURANCE COMPANY, an Iowa insurance company,
and
COLORADO CASUALTY INSURANCE COMPANY, a Colorado insurance company,
Defendants.

ORDER APPROVING VOLUNTARY DISMISSAL OF DEFENDANTS
THE CINCINNATI INSURANCE COMPANY AND
CONTINENTAL WESTERN INSURANCE COMPANY, ONLY
Blackburn, J.
The following matters are before the court for consideration: (1) plaintiffs’
Voluntary Dismissal - The Cincinnati Insurance Company [#9]1; and (2) plaintiffs’
Voluntary Dismissal - Continental Western Insurance Company [#10] both filed July
31, 2012. After reviewing the documents and the record, I conclude that the voluntary

1

“[#9]” 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.

dismissals of The Cincinnati Insurance Company and Continental Western Insurance
Company should be approved and plaintiffs’ claims against these two defendants
should be dismissed.
THEREFORE, IT IS ORDERED as follows:
1. That plaintiffs’ Voluntary Dismissal - The Cincinnati Insurance Company
[#9] filed July 31, 2012, is APPROVED;
2. That plaintiffs’ claims against defendant The Cincinnati Insurance Company
are DISMISSED;
3. That plaintiffs’ Voluntary Dismissal - Continental Western Insurance
Company [#10] filed July 31, 2012, is APPROVED;
4. That plaintiffs’ claims against defendant Continental Western Insurance
Company are DISMISSED; and
5. That defendants The Cincinnati Insurance Company and Continental Western
Insurance Company are DROPPED as named parties to this action, and the case
caption is amended accordingly.
Dated July 31, 2012, at Denver, Colorado.
BY THE COURT:

2