Phoenix Insurance Company, The et al v. Cantex, Inc. et al

Filing 105

ORDER re: 104 status conference, ruling on motions, by Magistrate Judge Boyd N. Boland on 8/7/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00507-REB-BNB
THE PHOENIX INSURANCE COMPANY,
THE TRAVELERS INDEMNITY COMPANY, and
THE TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Plaintiffs,
v.
CANTEX, INC.,
CONCRETE MANAGEMENT CORP.,
LANDMARK AMERICAN INSURANCE COMPANY,
OLD REPUBLIC INSURANCE COMPANY, and
RBR CONSTRUCTION, INC.,
Defendants,
and
OLD REPUBLIC INSURANCE COMPANY,
Third Party Plaintiff,
v.
CONTINENTAL INSURANCE COMPANY,
AMERICAN INSURANCE COMPANY,
LANDMARK AMERICAN INSURANCE COMPANY,
AMERISURE INSURANCE COMPANY,
Third Party Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
The parties appeared this afternoon for a status conference. Currently pending are the
following:
(1)

Landmark’s Motion for Leave to File Amended Crossclaim for Declaratory

Judgment [Doc. # 94, filed 7/8/2014];
(2)

Plaintiffs’ Motion for Leave to Amend Complaint [Doc. # 97, fioled

7/15/2014]; and
(3)

Cantex’ Motion to Stay or Dismiss [Doc. # 102, filed 8/1/2014].

Landmark’s and plaintiffs’ motions to amend are not opposed and are granted. The
Motion to Stay or Dismiss is recently filed, resisted, and not fully briefed. The parties shall
respond and reply to that motion as permitted by the local rules of this court.
IT IS ORDERED:
(1)

Landmark’s Motion to File Amended Crossclaim [Doc. # 94] is GRANTED. The

Clerk of the Court is directed to accept for filing Landmark’s Amended Crossclaim [Doc. # 941];
(2)

Plaintiffs’ Motion to Amend [Doc. # 97] is GRANTED. The Clerk of the Court is

directed to accept for filing the First Amended Complaint [Doc. # 97-1]; and
(3)

Cantex’ Motion to Stay or Dismiss [Doc. # 102] is set for hearing on September

18, 2014, at 3:00 p.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse,
901 19th Street, Denver, Colorado.
Dated August 7, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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