First State Bank of Colorado v. Western Hospitality Insurance Group

Filing 25

MINUTE ORDER Granting 19 Plaintiff's Motion for Extension of Time ; Denying 20 defendant's Motion to Dismiss, by Magistrate Judge Michael J. Watanabe on 10/4/2012.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01621-MJW
FIRST STATE BANK OF COLORADO, as Successor-in-Interest by Merger to Colorado
Mountain Bank,
Plaintiff,
v.
WESTERN HOSPITALITY INSURANCE GROUP,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
On September 28, 2012, each party to this matter filed a motion related to the
requirement for a Certificate of Review pursuant to C.R.S. § 13-20-602. Specifically,
plaintiff filed a motion seeking an extension of time to file a certificate of review (Docket
No. 19), and defendant filed a motion to dismiss (Docket No. 20) based on plaintiff’s
failure to timely file a certificate of review. On October 1, 2012, plaintiff filed its
Certificate of Review (Docket No. 23).
There is no dispute that plaintiff did not file a certificate of review within 60 days
of service of the complaint. However, after reviewing plaintiff’s motion for an extension
of time, the court finds plaintiff had good cause for the delay and acted in good faith.
See C.R.S. § 13-20-602(1)(a) (stating that the court may grant an extension for good
cause shown).
Accordingly, it is hereby ORDERED that plaintiff’s motion for extension of time
(Docket No. 19) is GRANTED and defendant’s motion to dismiss (Docket No. 20) is
DENIED.
Date: October 4, 2012