A.W. Interiors, Inc. v. The Travelers Indemnity Company

Filing 36

MINUTE ORDER granting in part and denying in part 33 Motion to Strike Portions Of Plaintiff's Reply In Support Of Motion For Summary Judgment On Breach Of Duty To Defend And Motion To Submit Sur-Reply. ORDERED that Travelers shall file a s ur-reply on or before Wednesday, November 13, 2013, for the sole and limited purpose of responding to AWI's argument regarding whether AWIs indemnification obligation to Layton arose out of AWIs operation performed on the project by Judge Wiley Y. Daniel on 11/04/13.(jjhsl, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02446-WYD-KLM
A.W. INTERIORS, INC.,
Plaintiff,
v.
THE TRAVELERS INDEMNITY COMPANY,
Defendant.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
THIS MATTER is before the Court on defendant, The Travelers Indemnity
Company’s (“Travelers”), Motion To Strike Portions Of Plaintiff’s Reply In Support Of
Motion For Summary Judgment On Breach Of Duty To Defend And Motion To Submit
Sur-Reply [ECF No. 33]. After careful consideration, it is
ORDERED that Travelers’s motion [ECF No. 33] is GRANTED IN PART and
DENIED IN PART. The motion is GRANTED to the extent that Travelers seeks to
submit a sur-reply regarding the issue of whether the contract between Layton
Construction Company, Inc. (“Layton”) and Black Diamond Resorts – Vail Resorts LLC
is properly before this Court pursuant to the “Complaint Rule.” The motion is DENIED
to the extent that Travelers moves this Court to strike or disregard the portion of plaintiff,
A.W. Interiors, Inc.’s (“AWI”), Reply In Support Of Motion For Summary Judgment On
Breach Of Duty To Defend [ECF No. 31] discussing whether AWI’s indemnification
obligation to Layton arose out of AWI’s “operation performed” on the project.
Accordingly, it is
FURTHER ORDERED that Travelers shall file a sur-reply on or before
Wednesday, November 13, 2013, for the sole and limited purpose of responding
to AWI’s argument regarding whether AWI’s indemnification obligation to Layton
arose out of AWI’s “operation performed” on the project.
Dated: November 4, 2013.