Bituminous Casualty Corporation v. Trinity Universal Insurance of Kansas

Filing 83

MINUTE ENTRY for proceedings held before Magistrate Judge Kristen L. Mix: Motion Hearing held on 5/20/2013: granting in part and denying in part 62 Motion to Reconvene Scheduling Conference to extend all deadlines; denying without prejudice [64 ] Motion requesting AXIS's Motion for Summary Judgment be held in Abeyance and Motion requesting Discovery pursuant to 04/17/2013 Court Order; granting in part and denying in part 69 Motion Requesting Discovery and Deferred Ruling on Bituminous Casualty Corporation's Motion for Summary Judgment. Discovery due by 8/25/2013. Plaintiff's motion for Summary Judgment due by 07/15/2013. FTR: ncapp-C204. (klmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kristen L. Mix

Civil Action No.: 12-cv-1802-REB-KLM

FTR - Reporter Deck - Courtroom C-204
Byron G. Rogers United States Courthouse
Date: May 20, 2013
Courtroom Deputy, Nicole Cappelletty
________________________________________________________________________
BITUMINOUS CASUALTY CORPORATION

David Buishas (telephone)
Steve Kabler

Plaintiff(s),
v.
TRINITY UNIVERSAL INSURANCE COMPANY
OF KANSAS

Natalie Lucas
Nancy Pearl

Defendant(s).
AUTO OWNERS INSURANCE COMPANY

Greg Giometti
Mark Honhart

AXIS SURPLUS INSURANCE COMPANY

Lisa Mickley
Bree Gorynski

Third Party Defendant(s).
________________________________________________________________________
COURTROOM MINUTES / MINUTE ORDER
________________________________________________________________________
HEARING: MOTIONS HEARING
Court in Session: 1:30 P.M.
Court calls case. Appearances of counsel.
Court raises motions for argument: Third-Party Defendants’ Motion to Reconvene
Scheduling Conference to Extend All Deadlines [Docket No. 62, filed April 22, 2013],
Defendant’s Motion Requesting Axis’s Motion for Summary Judgment Be Held in
Abeyance and Motion Requesting Discovery [ Docket No. 64, filed April 26, 2013], and
Trinity’s Fed. R. Civ. P. 56(d) Motion Requesting Discovery and Deferred Ruling on
Motion for Summary Judgment [Docket No. 69, filed May 7, 2013].

Argument on behalf of Auto Owners Insurance Company by Greg Giometti.
Argument on behalf of AXIS Surplus Insurance Company by Lisa Mickley.
Statements by David Buishas on behalf of Bituminous Casualty Corporation.
Statements by Natalie Lucas on behalf of Trinity Universal Insurance Co. of Kansas.
It is ORDERED:

Third Party Defendants’ MOTION TO RECONVENE SCHEDULING
CONFERENCE TO EXTEND ALL DEADLINES [ Doc No. 62] is
GRANTED in part and DENIED in part.
Discovery deadline for all discovery as to all parties is extended to
August 25, 2013. Scheduling Order [Doc No. 24] is amended
accordingly. All other portions of the motion are DENIED.

It is ORDERED:

Defendnat’s MOTION REQUESTING AXIS’S MOTION FOR
SUMMARY JUDGMENT BE HELD IN ABEYANCE AND MOTION
REQUESTING DISCOVERY PURSUANT TO 04/17/2013 COURT
ORDER (DOC. NO. 59) [ Doc No. 64] is DENIED without prejudice.

It is ORDERED:

Defendant’s FED.R.CIV.P. 56(d) MOTION REQUESTING
DISCOVERY AND DEFERRED RULING ON BITUMINOUS
CASUALTY CORPORATION’S MOTION FOR SUMMARY
JUDGMENT (FILED 04/19/2013, DOC. NO 60) [Doc No. 69] is
DENIED to the extent that it asks for deferred ruling. The Motion is
GRANTED to the extent that the response deadline is extended and
Defendant’s response to Plaintiff’s Motion for Summary Judgment
shall be filed on or before July 15, 2013.

HEARING CONCLUDED.
Court in recess: 2:06 P.M.
Time In Court: 36 minutes
To order a transcript of this proceeding, please contact Avery Woods Reporting at [phone].