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

Filing 58

ORDER OF DISMISSAL AS TO DEFENDANT MOUNTAIN STATES INDEMNITY COMPANY, ONLY. The 57 Stipulation of Dismissal is APPROVED. Plaintiffs' claims against defendant Mountain States Indemnity Company are DISMISSED WITHOUT PREJUDICE with each of the affected parties to pay its own attorney fees and costs. Defendant Mountain States Indemnity Company is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 12/7/2012. (klyon, )

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 FIRE AND CASUALTY COMPANY, an Illinois insurance company,
MOUNTAIN STATES MUTUAL CASUALTY COMPANY, a New Mexico insurance
company, and
MOUNTAIN STATES INDEMNITY COMPANY, a New Mexico insurance company,
Defendants.

ORDER OF DISMISSAL AS TO DEFENDANT
MOUNTAIN STATES INDEMNITY COMPANY, ONLY
Blackburn, J.
The matter is before me on the Stipulation of Dismissal [#57]1 filed December
6, 2012. After reviewing the stipulation and the record, I conclude that the stipulation
should be approved and that plaintiffs’ claims against defendant Mountain States
Indemnity Company should be dismissed without prejudice.

1

“[#57]” 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.

THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation of Dismissal [#57] filed December 6, 2012, is
APPROVED;
2. That plaintiffs’ claims against defendant Mountain States Indemnity Company
are DISMISSED WITHOUT PREJUDICE with each of the affected parties to pay its own

attorney fees and costs; and
3. That defendant Mountain States Indemnity Company is DROPPED as a
named party to this action, and the case caption is amended accordingly.
Dated December 7, 2012, at Denver, Colorado.

BY THE COURT:

2