Gebremedhin et al v. American Family Mutual Insurance Company
Filing
89
ORDER by Magistrate Judge Boyd N. Boland on 6/16/14. The Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismissfor Failure to State a Claim 39 is DENIED AS MOOT. Third-Party Defendant Veronica Turner's Motion to Dismis s 40 is DENIED WITHOUT PREJUDICE. Third-Party Defendant Glenn Turner's Motion to Dismiss 51 is DENIED WITHOUT PREJUDICE. On or before July 7, 2014, Third-Party Defendants Veronica Turner and Glenn Turner may submit new motions to dismiss which are directed at the First Amended Third Party Complaint. (bsimm)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02813-CMA-BNB
WELDESAMUEL GEBREMEDHIN, an individual,
TERHAS DESTA, an individual, and
ABRHAM GIDAY, an minor, by and through his guardians and natural parents, Weldesamuel
Gebremedhim and Terhas Desta,
Plaintiffs,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Defendant and Third Party Plaintiff,
v.
GLENN TURNER, an individual,
VERONICA TURNER, an individual,
SPECIAL KIDS SPECIAL FAMILIES, INC., a Colorado corporation,
GRANITE STATE INSURANCE COMPANY, a Pennsylvania corporation, and
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, a Pennsylvania
corporation,
Third Party Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following motions (the “Motions”):
(1) Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismiss
for Failure to State a Claim [Doc. #39, filed 01/27/2014];
(2) Third-Party Defendant Veronica Turner’s Motion to Dismiss [Doc. #40, fled
01/31/2014]; and
(3)
Third-Party Defendant Glenn Turner’s Motion to Dismiss [Doc. #51, filed
02/19/2014].
The Motions are all directed at the initial Third Party Complaint [Doc. #16] filed by
Third Party Plaintiff American Family Mutual Insurance Company (“American Family”).
American Family filed a First Amended Third Party Complaint on May 12, 2014 [Doc. #70].
Third Party Defendant Special Kids Special Families, Inc., filed a renewed motion to
dismiss the First Amended Third Party Complaint [Doc. #71] which is directed at the First
Amended Third Party Complaint and incorporates by reference the arguments made in their
original motion. Therefore, its initial motion to dismiss is denied as moot.
Third Party Defendants Veronica Turner and Glenn Turner’s motions to dismiss are
directed at the initial Third Party Complaint which is no longer extant. The Turners’ motions are
denied without prejudice. They may file new motions directed at the First Amended Third Party
Complaint on or before July 7, 2014.
IT IS ORDERED:
(1) The Motion of Third-Party Defendant Special Kids Special Families, Inc. to Dismiss
for Failure to State a Claim [Doc. #39] is DENIED AS MOOT;
(2) Third-Party Defendant Veronica Turner’s Motion to Dismiss [Doc. #40] is DENIED
WITHOUT PREJUDICE;
(3) Third-Party Defendant Glenn Turner's Motion to Dismiss [Doc. #51] is DENIED
WITHOUT PREJUDICE; and
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(4) On or before July 7, 2014, Third-Party Defendants Veronica Turner and Glenn
Turner may submit new motions to dismiss which are directed at the First Amended Third Party
Complaint.
Dated June 16, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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