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

Filing 160

ORDER: Cantex' 157 Motion to Withdraw Motion is GRANTED. Cantex' 102 Motion to Stay or Dismiss is DENIED as withdrawn. Continental's 154 Motion to Clarify is GRANTED. My previous order [Doc. # 130 ] denying as moot the Unopposed Motion of Continental to File Cross-Claim was entered in error and is vacated, and the Unopposed Motion of Continental to File Cross-Claim is restored to the docket. Continental's 110 Unopposed Motion of to File Cross-Claim is GRANTED. A Scheduling Conference is set for 1/13/2015 at 10:00 AM before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 9/19/2014. By Magistrate Judge Boyd N. Boland on 9/19/2014. (alowe) Modified signature date on 9/19/2014 (alowe).

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, and
OLD REPUBLIC INSURANCE COMPANY,
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
______________________________________________________________________________
Pending are the following:
(1)

Cantex’ Withdrawal of Its Motion to Stay or Dismiss [Doc. # 157, filed

9/17/2014] (“Cantex’ Motion to Withdraw Motion”);

(2)

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

(3)

Continental’s Motion to Clarify [Doc. # 154, filed 9/11/2014]; and

(4)

Continental’s Unopposed Motion to File Cross-Claim [Doc. # 110, filed

8/13/2014].
The parties appeared this afternoon; I heard arguments of the pending motions; and I
made rulings on the record, which are incorporated here.
IT IS ORDERED:
(1)

Cantex’ Motion to Withdraw Motion [Doc. # 157] is GRANTED;

(2)

Cantex’ Motion to Stay or Dismiss [Doc. # 102] is DENIED as withdrawn;

(3)

Continental’s Motion to Clarify is GRANTED. My previous order [Doc. # 130

denying as moot the Unopposed Motion of Continental to File Cross-Claim was entered in error
and is vacated, and the Unopposed Motion of Continental to File Cross-Claim [Doc. # 110] is
restored to the docket;
(4)

Continental’s Unopposed Motion of to File Cross-Claim [Doc. # 110] is

GRANTED. The Clerk of the Court is directed to accept for filing Continental Insurance
Company’s Cross-Claim for Declaratory Judgment Against Defendant Cantex, Inc. [Doc. # 1101].
(5)

A scheduling conference is set for January 13, 2015, at 10:00 a.m., in Courtroom

401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
The parties shall prepare a proposed scheduling order and submit it to the court on or before
January 6, 2015.

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Dated September 19, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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