Henn et al v. Fidelity National Title Insurance Company

Filing 132

ORDER that, in light of the impending trial date in the State Court Action, the Order and Recommendation ECF No. 112 as to the recommendation that this action be administratively closed is REJECTED as moot; and FURTHER ORDERED that the Corrected Motion for Leave to File Motion for Summary Judgment (ECF No. 119 and Motion for Summary Judgment ECF No. 116 are DENIED without prejudice because this action is stayed, by Judge Raymond P. Moore on 1/15/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore

Civil Action No. 12-cv-03077-RM-KLM
(Consolidated with Civil Action No. 13-cv-01217-RM-KLM)
FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation,
v.

Plaintiff,

PITKIN COUNTY TITLE, INC.
Defendant.1
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on: (1) the Order and Recommendation of United States
Magistrate Judge (“Recommendation”) (ECF No. 112); and (2) Defendant/Third-Party Plaintiff
Fidelity National Title Insurance Company’s “Corrected Motion for Leave to File Motion for
Summary Judgment” (ECF No. 119) and accompanying Motion for Summary Judgment (ECF
No. 116). The Court has reviewed these filings, the case file, the applicable law, and is
otherwise fully advised. For the reasons set forth below, the Recommendation that this case be
closed administratively is rejected as moot, and Fidelity’s motions are denied without prejudice.
In the Recommendation, upon motion filed by Fidelity and joined by Defendant Pitkin
County Title, Inc., Magistrate Judge Kristen L. Mix ordered the case be stayed until further order

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Originally, Third-Party Plaintiff and Third-Party Defendant, respectively.

of the court and recommended the case be administratively closed pursuant to D.C.COLO.LCivR
41.2, subject to reopening for good cause after resolution of a pending underlying “State Court
Action.” Fidelity filed a Motion for Reconsideration (ECF No. 114) of the Recommendation,
requesting the Magistrate Judge to deny Fidelity’s requested stay as moot. By Order (ECF No.
131) dated October 1, 2014, the Magistrate Judge concluded that Fidelity’s claims against Pitkin
may to some extent be contingent on the outcome of the State Court Action. Based on this
factor, and others, the Magistrate Judge denied Fidelity’s Motion for Reconsideration and
ordered the parties to notify the Court of the resolution of the State Court Action after it is
resolved. The Magistrate Judge further ordered that such notice shall constitute good cause for
lifting the stay in this case. No party has objected to the Order and the time for any objection has
passed.
The parties have advised that trial in the State Court Action is set for March 23-27, 2015.
In light of the impending trial date, the Court finds that the recommendation this case be
administratively closed was proper when made but that closure is now unnecessary. Fidelity’s
Motion for Leave to File Motion for Summary Judgment and Motion for Summary Judgment
were filed notwithstanding the stay of this action. In light of the stay, these motions are denied
without prejudice. It is therefore
ORDERED that, in light of the impending trial date in the State Court Action, the Order
and Recommendation (ECF No. 112) as to the recommendation that this action be
administratively closed is REJECTED as moot; and

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FURTHER ORDERED that the “Corrected Motion for Leave to File Motion for
Summary Judgment” (ECF No. 119) and Motion for Summary Judgment (ECF No. 116) are
DENIED without prejudice because this action is stayed.
DATED this 15th day of January, 2015.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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