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

Filing 128

ORDER re: 125 Stipulation of Dismissal of Party filed by Old Republic Insurance Company. That third-party defendant, Continental Insurance Company, is DROPPED as a named party to this action. By Judge Robert E. Blackburn on 8/25/2014. (trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-00507-REB-BNB THE PHOENIX INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiffs, v. CANTEX, INC., CONCRETE MANAGEMENT CORP., LANDMARK AMERICAN INSURANCE COMPANY, OLD REPUBLIC INSURANCE COMPANY, RBR CONSTRUCTION, INC., Defendants, and OLD REPUBLIC INSURANCE COMPANY, Third Party Plaintiff, v. CONTINENTAL INSURANCE COMPANY, AMERICAN INSURANCE COMPANY, LANDMARK AMERICAN INSURANCE COMPANY, and AMERISURE INSURANCE COMPANY, Third Party Defendants. ORDER OF DISMISSAL OF THIRD PARTY CLAIMS OF OLD REPUBLIC INSURANCE COMPANY AGAINST THIRD-PARTY DEFENDANT CONTINENTAL INSURANCE COMPANY, ONLY Blackburn, J. The matter is before the court on the Stipulation of Dismissal Between ORIC and Continental Only [#125]1 filed August 25, 2014. After reviewing the stipulation and the record, I conclude that the stipulation should be approved and that the third-party claims of third-party plaintiff, Old Republic Insurance Company, against third-party defendant, Continental Insurance Company, should be dismissed with each affected party to pay its own attorney fees and costs. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation of Dismissal Between ORIC and Continental Only [#125] filed August 25, 2014, is APPROVED; 2. That the third-party claims of third-party plaintiff, Old Republic Insurance Company, against third-party defendant, Continental Insurance Company, are DISMISSED, with each of the affected parties to pay its own attorney fees and costs; and 3. That third-party defendant, Continental Insurance Company, is DROPPED as a named party to this action, and the case caption is amended accordingly. Dated August 25, 2014, at Denver, Colorado. BY THE COURT: 1 “[#125]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 2

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