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

Filing 137

ORDER granting in part 134 Motion to Clarify. That the court's Order of Dismissal of Defendant, Cantex, Inc., Only 127 entered August 25, 2014 is AMENDED. By Judge Robert E. Blackburn on 8/27/214.(trlee, )

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,

ORDER
Blackburn, J.
The matter is before the court on Defendant/Cross-claimant Landmark’s Motion
to Clarify And/or Amend Order [#134],1 filed August 26, 2014. After reviewing the
Motion and the record, the court concludes that the motion should be granted insofar as
it requests recognition that Cantex, Inc., remains a defendant as to the crossclaims of
defendant, Landmark American Insurance Company.2

1

“[#134]” 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

The motion itself does not request that any prior orders of this court or the magistrate judge be
reinstated in light of the continuing pendency of Landmark’s crossclaims. That request is made only in
Cantex’s response to the motion, where it is procedurally a nullity. See D.C.COLO.LCivR 7.1(d). The
parties may seek whatever further relief they deem appropriate in light of this order.

THEREFORE, IT IS ORDERED as follows:
1. That Landmark’s Motion to Clarify And/or Amend Order [#134] filed
August 26, 2014, is GRANTED IN PART as follows;
2. That the court’s Order of Dismissal of Defendant, Cantex, Inc., Only [#127]
entered August 25, 2014 is AMENDED to reflect that only the claims filed by plaintiffs,
The Phoenix Insurance Company; The Travelers Indemnity Company; and The
Travelers Property Casualty Company of America, against defendant, Cantex, Inc., are
dismissed; and
3. That Cantex, Inc., is REINSTATED as a party defendant vis-à-vis the
crossclaims of defendant, Landmark American Insurance Company.
Dated August 27, 2014, at Denver, Colorado.
BY THE COURT:

2