Goodman v. State Farm Mutual Automobile Insurance Company

Filing 82

MINUTE ORDER granting 69 Defendants Motion to Modify Finding of Fact No. 5 Contained in the Courts Order Regarding Plaintiffs Motion to Compel Production of the Claim File, by Magistrate Judge Michael J. Watanabe on 2/11/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01376-WJM-MJW
KIMBERLY GOODMAN,
Plaintiff(s),
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendant’s Motion to Modify Finding of Fact No. 5
Contained in the Court’s Order Regarding Plaintiff’s Motion to Compel Production of the
Claim File (docket no. 54)[docket no. 69] is GRANTED for the following reasons.
This Court has reviewed the subject motion (docket no. 69), the response
(docket no. 75 and 78) and has taken judicial notice of the court’s file. In addition, this
court has reviewed this Court’s Order Regarding Plaintiff’s Motion to Compel Production
of the Claim File (docket no. 36) [docket no. 54]. After such review, this Court finds that
my finding “That on April 22, 2013, Defendant denied Plaintiff’s claim for
uninsured/underinsured motorist coverage benefits” is unsupported by the evidence and
should be stricken from my findings in No. 5 in my Order Regarding Plaintiff’s Motion to
Compel Production of the Claim File (docket no. 36)[docket no. 54]. This Court further
finds that exhibits B, C, D, E, and F attached to the subject motion (docket no. 69)
clearly support this Court’s finding to strike my finding in No. 5 “That on April 22, 2013,
Defendant denied Plaintiff’s claim for uninsured/underinsured motorist coverage
benefits” as being unsupported by the evidence.
Accordingly, it is FURTHER ORDERED that the first sentence in Finding of Fact
No. 5 contained in this Court’s Order Regarding Plaintiff’s Motion to Compel Production
of the Claim File (docket no. 36) [docket no. 54] is STRICKEN, such that Findings of
Fact and Conclusions of Law No. 5 shall now read:
Thereafter, on May 7, 2013, Plaintiff filed her Complaint against Defendant in the
El Paso County District Court captioned Kimberly Goodman v. State Farm Mutual
Automobile Insurance Company, Case No. 2013cv20066.
Date: February 11, 2014