National Union Fire Insurance Company of Pittsburgh, PA v. Intrawest ULC et al

Filing 152

MINUTE ORDER denying 147 Motion to Strike CNA's Response in Opposition to Plaintiff's Motion for Summary Judgment. By Judge Philip A. Brimmer on 12/4/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00079-PAB-KMT
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
Plaintiff,
v.
INTRAWEST ULC f/k/a/ INTRAWEST CORPORATION,
FEDERAL INSURANCE COMPANY,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
CONTINENTAL CASUALTY COMPANY,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer.
This matter is before the Court on a Motion to Strike CNA’s Response in
Opposition to Plaintiff’s Motion for Summary Judgment [Docket No. 147] filed by plaintiff
National Union Fire Insurance Company of Pittsburgh, PA. Plaintiff asks the Court to
strike defendant National Fire Insurance Company of Hartford and Continental Casualty
Company’s joint response brief [Docket No. 134] to plaintiff’s motion for summary
judgment. Plaintiff argues that defendants’ response brief violates this Court’s practice
standards, which prohibit legal argument in factual sections of summary judgment
briefs. See Practice Standards (Civil cases), Judge Philip A Brimmer § III.F.3.b.vii. The
Court will not strike defendants’ response brief on that basis, but will ignore any
inappropriate legal argument. Plaintiff also argues that defendants’ response brief
improperly requests relief pursuant to Fed. R. Civ. P. 56(d), which plaintiff argues is in
violation of D.C.COLO.LCivR 7.1C: “A motion shall not be included in a response or
reply to the original motion. A motion shall be made in a separate paper.” The Court
does not construe plaintiff’s invocation of Rule 56(d) as a separate motion necessitating
a separate pleading. It is
ORDERED that plaintiff’s Motion to Strike CNA’s Response in Opposition to
Plaintiff’s Motion for Summary Judgment [Docket No. 147] is DENIED.
Dated December 4, 2013.