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

Filing 251

ORDER Approving 247 Stipulation for Dismissal Without Prejudice of Cantex Inc.'s Bad Faith Claim Against Scottsdale Insurance Company by Judge Robert E. Blackburn on 6/23/15. (mlace, )

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
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.

ORDER DISMISSING CLAIM
Blackburn, J.

The matter is before me is the Stipulation for Dismissal Without Prejudice of
Cantex Inc.’s Bad Faith Claim Against Scottsdale Insurance Company [#247],1 filed
June 18, 2015. After careful review of the stipulation and the record, I conclude that the
stipulation should be approved and that the bad faith claim of Cantex, Inc. (“Cantex”)
against Scottsdale Insurance Company (“Scottsdale”) should be dismissed without
prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation for Dismissal Without Prejudice of Cantex Inc.’s Bad
Faith Claim Against Scottsdale Insurance Company [#247], filed June 18, 2015, is

1

“[#247]” 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.

approved; and
2. That the following claims and/or allegations, only, are dismissed without
prejudice:
a. The bad faith claim of Cantex against Scottsdale as asserted in the
Second Claim for Relief in the Third-Party Complaint of Cantex Inc.
Against Scottsdale Insurance Company and Continental Casualty
Company [#174], filed October 21, 2014;
b. The allegations asserted against Scottsdale in paragraphs 67 and 68 of
the Third-Party Complaint of Cantex; and
c. The prayer for punitive damages against Scottsdale asserted in
paragraph B of the Prayer for Relief of the Third-Party Complaint of
Cantex.
Dated June 23, 2015, at Denver, Colorado.
BY THE COURT:

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