Bituminous Casualty Corporation v. Trinity Universal Insurance of Kansas

Filing 143

MINUTE ORDER denying as moot Bituminous Casualty Corporation's Motion For Summary Judgment [# 60 ], F.R.E. 702 Motion To Preclude Expert Testimony of David McClain [# 101 ], Bituminous Casualty Corporation's Motion To Strike Roger H. Buelow 's Expert Report and Testimony [# 104 ], Defendant and Third Party Plaintiff's, Trinity Universal Insurance Company of Kansas, Consolidated Motion For Summary Judgment on Plaintiff's Complaint and Motion For Determination of Law [#[107 ]], and Motion to Strike Exhibit A to Bituminous Casualty Corporation's Opposition to Trinity's F.R.E. 702 Motion to Preclude Expert Testimony of David McLain (Doc. #110 filed 9/16/13) [# 117 ]. By Judge Robert E. Blackburn on 11/21/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01802-REB-KLM
BITUMINOUS CASUALTY CORPORATION, an Illinois corporation,
Plaintiff,
v.
TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, a Kansas corporation,
Defendant and Third-Party Plaintiff,
v.
AUTO-OWNERS INSURANCE COMPANY, a Michigan corporation, and
OWNERS INSURANCE COMPANY, an Ohio corporation,
Third-Party Defendants.
MINUTE ORDER1

The plaintiff and defendant have notified the court that they have reached a
settlement of the plaintiff’s claims against the defendant. As a result of the settlement,
the court DENIES the following motions and moot:
•

Bituminous Casualty Corporation’s Motion For Summary Judgment
[#60] filed April 19, 2013;

•

F.R.E. 702 Motion To Preclude Expert Testimony of David McClain
[#101] filed August 26, 2013;

•

Bituminous Casualty Corporation’s Motion To Strike Roger H.
Buelow’s Expert Report and Testimony [#104] filed August 29, 2013;

•

Defendant and Third Party Plaintiff’s, Trinity Universal Insurance

1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.

Company of Kansas, Consolidated Motion For Summary Judgment
on Plaintiff’s Complaint and Motion For Determination of Law [#107]
filed September 6, 2013; and
•

Motion to Strike Exhibit A to Bituminous Casualty Corporation’s
Opposition to Trinity’s F.R.E. 702 Motion to Preclude Expert
Testimony of David McLain (Doc. #110, filed 9/16/13) [#117] filed
September 30, 2013.

Dated: November 21, 2013

2