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

Filing 254

ORDER Recommendation of United States Magistrate Judge 248 , filed June 18, 2015, is approved and adopted as an order of this court. Continental Casualty Company's Motion To Dismiss Bad Faith Claim and Answer 189 , filed November 14, 2014, is denied as moot. Continental Insurance Company's Joinder in Motion To Dismiss Bad Faith Claim and Answer 204 , filed January 9, 2015, is denied as moot. By Judge Robert E. Blackburn on 7/9/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00507-REB-NYW
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 ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#248],1 filed June 18, 2015. No objection having been timely filed to the
recommendation, I review it for plain error only. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding
no such error in the magistrate judge’s recommended disposition, I find and conclude
that the recommendation should be approved and adopted.

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“[#248]” 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.

THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#248], filed
June 18, 2015, is approved and adopted as an order of this court;
2. That Continental Casualty Company’s Motion To Dismiss “Bad Faith”
Claim and Answer [#189], filed November 14, 2014, is denied as moot; and
3. That Continental Insurance Company’s Joinder in Motion To Dismiss
“Bad Faith” Claim and Answer [#204], filed January 9, 2015, is denied as moot.
Dated July 9, 2015, at Denver, Colorado.
BY THE COURT:

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