Bituminous Casualty Corporation v. Front Range Excavating, Inc. et al

Filing 28

MINUTE ORDER. The 24 Joint Motion to Stay Proceedings Between Plaintiff Bituminous and Defendant Gold Peak and the 25 Joint Motion to Stay Proceedings Between Plaintiff Bituminous and Defendant Tri-Star are granted. This matter is hereby stayed only as to Defendants Tri-Star Construction West, LLC and Gold Peak at Palomino Park, LLC. By Magistrate Judge Kristen L. Mix on 5/29/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00399-WYD-KLM
BITUMINOUS CASUALTY CORPORATION,
Plaintiff,
v.
FRONT RANGE EXCAVATING, INC.,
TRI-STAR CONSTRUCTION WEST, LLC, and
GOLD PEAK AT PALOMINO PARK, LLC,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Joint Motion to Stay Proceedings Between
Plaintiff Bituminous and Defendant Gold Peak1 [Docket No. 24; Filed May 28, 2013] (the
“Gold Peak Motion”) and the Joint Motion to Stay Proceedings Between Plaintiff
Bituminous and Defendant Tri-Star [Docket No. 25; Filed May 28, 2013] (the “Tri-Star
Motion” and, collectively with the Gold Peak Motion, the “Motions”). The Motions state that
they are unopposed. In the Motions, Bituminous and two of the Defendants request a stay
of “all proceedings” between Plaintiff and each of the two moving Defendants. Each of the
moving Defendants have entered into a stipulation with Plaintiff stating that they will remain
a party in this matter and that when a final judgment is entered, they will be bound by such
judgment. See Stipulations [#24-1, 25-1] at ¶ 4.
Plaintiff initiated this action seeking a declaratory judgment regarding insurance
coverage. Specifically, Plaintiff “seeks a declaration that [it] has no obligation to defend or
indemnify [Defendant] Front Range in connection with two underlying lawsuits” pending in
state court in which Defendant Tri-Star Construction West, LLC and Defendant Gold Peak
at Palomino Park, LLC are plaintiffs. Compl. [#1] at ¶ 5. Plaintiff named the moving
Defendants “on the theory that [they] may be [ ] necessary part[ies] to this insurance
coverage dispute.” Motions [#24, 25] at 2.

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The Court notes that the docket incorrectly names Defendant Gold Peak at Palomino
Park, LLC as Golden Peak at Palomino Park, LLC.

1

IT IS HEREBY ORDERED that the Motions [#24, 25] are GRANTED. Accordingly,
IT IS FURTHER ORDERED that this matter is hereby STAYED only as to
Defendants Tri-Star Construction West, LLC and Gold Peak at Palomino Park, LLC.
IT IS FURTHER ORDERED that the Clerk of the Court shall modify the caption to
correct Defendant Gold Peak at Palomino, LLC’s name as indicated above.
Dated: May 29, 2013

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