Summit Bank & Trust et al v. American Modern Home Insurance Company

Filing 13

Memorandum Order and Opinion Denying Motion for Reassignment. Defendant's Motion for Reassignment 11 is DENIED, by Judge John L. Kane on 9/25/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 12-cv-02395
SUMMIT BANK & TRUST, a Colorado Corporation; and
CITY CENTER WEST LP, a Colorado Limited Parternship,
Plaintiffs,
v.
AMERICAN MODERN HOME INSURANCE COMPANY, an Ohio Corporation,
Defendant.
____________________________________________________________________________
Memorandum Order and Opinion Denying Motion for Reassignment
____________________________________________________________________________
Kane, J.
Before me is Defendant’s Notice of Related Case and Motion for Reassignment (Doc.
11), in which Defendant moves under D.C.COLO.LCivR 40.1(c)(4) to reassign the above
captioned case to Senior Judge Richard P. Matsch, who presided over related action City Center
West, LP v. American Modern Home Insurance Company, United States District Court for the
District of Colorado, Case No. 2012-CV-01370-RPM. Although D.C.COLO.LCivR 40.1(c)(4)
provides for circumstances under which related cases may be reassigned, it does not mandate that
related cases must be reassigned simply by virtue of their being related. Here, while I do find the
merits of the two cases substantially intertwined, I find that fact largely irrelevant because Judge
Matsch dispensed with his case on procedural grounds, not after having considered substantive
issues. Accordingly, Judge Matsch sees no reason to accept transfer, and I see no reason to press
for the same. I also note that, contrary to Defendant’s contention, Plaintiff did indeed file a
notice of related case (Doc. 7), upon receipt of which Judge Matsch declined to accept the above

captioned case then as well as now pursuant to the instant motion. Defendant’s Motion for
Reassignment (Doc. 11) is DENIED.

Dated: September 25, 2012

BY THE COURT:
s/John L. Kane
Senior U.S. District Judge