Bituminous Casualty Corporation v. Trinity Universal Insurance of Kansas

Filing 88

MINUTE ORDER denying as moot 48 Motion to Dismiss Third Party Complaint for Failure to State a Claim Pursuant to Rules 12(b)(6) and 12(d) of the Federal Rules of Civil Procedure Converted to Motion for Summary Judgment. By Magistrate Judge Kristen L. Mix on 7/12/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
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.
AXIS SURPLUS INSURANCE COMPANY, an Illinois corporation,
AUTO OWNERS INSURANCE COMPANY, a Michigan corporation, and
OWNERS INSURANCE COMPANY, an Ohio corporation,
Third Party Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Third Party Defendant AXIS Surplus Insurance
Company’s (“AXIS”) Motion to Dismiss Third Party Complaint for Failure to State a
Claim Pursuant to Rules 12(b)(6) and 12(d) of the Federal Rules of Civil Procedure
[Docket No. 48; Filed February 22, 2013] (the “Motion”). On July 11, 2013, Third Party
Defendant AXIS filed a Notice of Settlement [#87] between it and Third Party Plaintiff Trinity
Universal Insurance Company of Kansas. Accordingly,
IT IS HEREBY ORDERED that the Motion [#48] is DENIED as moot.
Dated: July 12, 2013