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

Filing 77

ORDER adopting 71 Recommendation of United States Magistrate Judge and Administratively Closing Case. All currently pending motions, including, but not limited to (a) Plaintiffs [sic] Unopposed Motion To Continue Trial Presently Set To Commence on April 7,2013 and To Modify the Scheduling Order To Reset Deadlines [# 62 ]; (b) RBR Construction, Inc.'s Motion for Forthwith Ruling on Unopposed Motion To Continue Trial [# 64 ]; and (c) Plaintiffs'Motion for Leave To Extend the Page Limit ation for Their Motion for Summary Judgment and Request for Expedited Briefing Schedule on this Motion [# 76 ] are DENIED AS MOOT. All pretrial deadlines, the Trial Preparation Conference set 3/21/2014, at 2:30 p.m., and the jury trial set to commence 4/7/2014, are VACATED. This action is CLOSED ADMINISTRATIVELY. By Judge Robert E. Blackburn on 12/11/2013.(klyon, )

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, and
RBR CONSTRUCTION, INC.,
Defendants.

ORDER ADOPTING RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
AND ADMINISTRATIVELY CLOSING CASE
Blackburn, J.
The matters before me are (1) the recommendation contained within the
Recommendation of United States Magistrate Judge and Order [#71],1 filed
November 19, 2013; and (2) Plaintiffs’ Conditional Objection to Magistrate Judge’s
Order Dated November 19, 2013 and Request for Expedited Briefing [#74], filed
December 2, 2013. I overrule the conditional objection, adopt the recommendations,
and order the case closed administratively.

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“[#71]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

Section 636(b) of Title 28 requires that I review de novo all portions of the
recommendation to which objections have been filed. More importantly, however,
plaintiffs state affirmatively that they do not object to the magistrate judge’s ruling
insofar as it recommends that this case be administratively closed. This concession
moots plaintiff’s conditional objection to the magistrate judge’s denial of their order to
extend various pretrial deadlines. Moreover, no other party has filed an objection
contesting administrative closure as an appropriate remedy in this matter. Thus, I find
and conclude that the arguments advanced, authorities cited, and recommendation
proposed by the magistrate judge that this case be closed administratively should be
approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge and Order
[#71], filed November 19, 2013, is APPROVED AND ADOPTED as an order of this
court;
2. That the objections stated in Plaintiffs’ Conditional Objection to Magistrate
Judge’s Order Dated November 19, 2013 and Request for Expedited Briefing [#74],
filed December 2, 2013, are OVERRULED;
3. That all currently pending motions, including, but not limited to (a) Plaintiffs
[sic] Unopposed Motion To Continue Trial Presently Set To Commence on April 7,
2013 and To Modify the Scheduling Order To Reset Deadlines [#62], filed October
14, 2013; (b) RBR Construction, Inc.’s Motion for Forthwith Ruling on Unopposed
Motion To Continue Trial [#64], filed October 29, 2013; and (c) Plaintiffs’ Motion for

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Leave To Extend the Page Limitation for Their Motion for Summary Judgment and
Request for Expedited Briefing Schedule on this Motion [#76], filed December 11,
2103, are DENIED AS MOOT;
4. That all pretrial deadlines, the Trial Preparation Conference set March 21,
2014, at 2:30 p.m., and the jury trial set to commence April 7, 2014, are VACATED;
5. That under D.C.COLO.LCivR 41.2, this action is CLOSED
ADMINISTRATIVELY; and
6. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil
action administratively, subject to reopening for good cause.
Dated December 11, 2013, at Denver, Colorado.
BY THE COURT:

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