Chadwick Place at Steamboat Homeowners Association, Inc. v. American Family Mutual Insurance Company

Filing 13

ORDER regarding Magistrate Judge's Recommendation. Motion of American Family Mutual Insurance Company for Summary Judgment is granted and the Motion of Chadwick Place at Steamboat Homeowners Association for Summary Judgment is denied as moot. Summary judgment shall enter in favor of American Family Mutual Insurance Company and costs are awarded to American Family Mutual Insurance Company, by Judge Lewis T. Babcock on 9/9/2014. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE
Civil Case No. 12-cv-01259-LTB-KLM (Consolidated w/12-cv-01805-LTB)
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation,
Plaintiff,
v.
JSM BUILDERS, INC., a Colorado corporation, and
CHADWICK PLACE AT STEAMBOAT HOMEOWNERS ASSOCIATION, INC., a Colorado
nonprofit corporation,
Defendants.
________________________________________________________________________
CHADWICK PLACE AT STEAMBOAT HOMEOWNERS ASSOCIATION, INC., a Colorado
nonprofit corporation,
Plaintiff,
vs.
JSM BUILDERS, INC.,
Defendants,
vs.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation,
Garnishee.
________________________________________________________________________
ORDER
________________________________________________________________________

The Magistrate Judge has filed her Recommendation that the Motion of
Plaintiff/Garnishee American Family for Summary Judgment (Doc 33) be granted and the
Motion of Chadwick Place for Summary Judgment (Doc 34) be denied as moot. Chadwick
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Place at Steamboat Homeowners Association has filed timely specific written objections
to the Magistrate Judge’s recommendation. Plaintiff American Family Mutual Insurance
Company has filed a response to the objections of Steamboat Homeowners Association
and Chadwick Place at Steamboat Homeowners Association has filed a reply to those
objections. I have considered the Magistrate Judge’s recommendations de novo in light
of the file and record in this case and I conclude that the recommendations are correct.
Accordingly
IT IS ORDERED that the Motion of American Family Mutual Insurance Company for
Summary Judgment (Doc 33) is GRANTED and the Motion of Chadwick Place at
Steamboat Homeowners Association for Summary Judgment (Doc 34) is DENIED AS
MOOT. Summary judgment shall enter in favor of American Family Mutual Insurance
Company and costs are awarded to American Family Mutual Insurance Company.

BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge
DATED: September 9, 2014

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