Heggem-Lundquist Paint Company v. Centerre Government Contracting Group, LLC et al

Filing 86

ORDER that the Recommendation of the United States Magistrate Judge Doc. # 85 is AFFIRMED and ADOPTED. It is FURTHER ORDERED that, pursuant to the recommendation, the following motions are DENIED: Defendant Berkley Regional Insurance Companys Mo tion to Dismiss Plaintiff's Second Claim for Relief or, in the alternative Motion to Stay the Proceedings Doc. # 28 ; Defendant Centerre Government Contracting Group, LLCs Motion To Dismiss Plaintiffs Second Claim For Relief Or, In The Alt ernative, Motion To Stay The Proceedings Doc. # 41 ; Defendant Kiewit-Turners Motion To Dismiss First Claim For Relief Against Kiewit-Turners Sureties, Or, In The Alternative, Motion To Stay Doc. # 50 ; Defendant Kiewit-Turners Motion To Dismis s First And Fourth Claims For Relief Against Kiewit-Turner, Or, In The Alternative, Motion To Stay Doc. # 52 ; Defendant Kiewit Building Groups Motion To Dismiss First And Fourth Claims For Relief Against Kiewit, Or, In The Alternative Motion To Stay Doc. # 54 ; Defendant Turner Construction Companys Motion To Dismiss First And Fourth Claims For Relief Against Turner, Or, In The Alternative, Motion To Stay Doc. # 56 ; It is FURTHER ORDERED that the Defendant Berkley Regional Insurance Companys Unopposed Motion for Extension of Time to File Response/Reply Doc. # 75 is GRANTED, by Judge Christine M. Arguello on 5/13/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-02823-CMA-MJW
UNITED STATES OF AMERICA, for the use and benefit of
HEGGEM-LUNDQUIST PAINT COMPANY, a Colorado corporation,
Plaintiff,
v.
CENTERRE GOVERNMENT CONTRACTING GROUP, LLC,
a Colorado limited liability company,
BERKLEY REGIONAL INSURANCE COMPANY, a Delaware corporation,
KIEWIT BUILDING GROUP, INC., a Delaware corporation,
TURNER CONSTRUCTION COMPANY, a New York corporation,
KIEWIT-TURNER A JOINT VENTURE, a joint venture doing business in Colorado,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
a Connecticut corporation,
TRAVELERS INDEMNITY COMPANY, a Connecticut corporation,
FEDERAL INSURANCE COMPANY, an Indiana corporation,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation,
ZURICH AMERICAN INSURANCE COMPANY, a New York corporation,
LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation; and
THE CONTINENTAL INSURANCE COMPANY, a Pennsylvania corporation,
Defendants.

ORDER AFFIRMING APRIL 7, 2014 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on the April 23, 2014 Recommendation by United
States Magistrate Judge Michael J. Watanabe (Doc. # 85) that the following motions be
denied:
1. Defendant Berkley Regional Insurance Company’s Motion to Dismiss
Plaintiff's Second Claim for Relief or, in the alternative Motion to Stay
the Proceedings (Doc. # 28);

2. Defendant Centerre Government Contracting Group, LLC’s Motion To
Dismiss Plaintiff’s Second Claim For Relief Or, In The Alternative, Motion
To Stay The Proceedings (Doc. # 41);
3. Defendant Kiewit-Turner’s Motion To Dismiss First Claim For Relief Against
Kiewit-Turner’s Sureties, Or, In The Alternative, Motion To Stay (Doc. # 50);
4. Defendant Kiewit-Turner’s Motion To Dismiss First And Fourth Claims For
Relief Against Kiewit-Turner, Or, In The Alternative, Motion To Stay (Doc.
# 52);
5. Defendant Kiewit Building Group’s Motion To Dismiss First And Fourth Claims
For Relief Against Kiewit, Or, In The Alternative Motion To Stay (Doc. # 54);
6. Defendant Turner Construction Company’s Motion To Dismiss First And
Fourth Claims For Relief Against Turner, Or, In The Alternative, Motion To
Stay (Doc. # 56).
The Recommendation is incorporated herein by reference. See 28 U.S.C.
§ 636(b)(1)(B); Fed. R. Civ. P. 72(b).
The Recommendation advised the parties that specific written objections were
due within fourteen (14) days after being served with a copy of the Recommendation.
(Doc. # 85 at 16-17.) Despite this advisement, no objections to Magistrate Judge
Watanabe’s Recommendation were filed by either party.
“In the absence of timely objection, the district court may review a magistrate
[judge’s] report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d
1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating
that “[i]t does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”).
The Court has reviewed all the relevant pleadings concerning Defendants’
motions and the Recommendation. Based on this review, the Court concludes
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that Magistrate Judge Watanabe’s thorough and comprehensive analyses and
recommendations are correct and that “there is no clear error on the face of the record.”
Fed. R. Civ. P. 72, advisory committee’s note. Therefore, the Court ADOPTS the
Recommendation of Magistrate Judge Watanabe as the findings and conclusions
of this Court.
Accordingly, it is ORDERED that the Recommendation of the United States
Magistrate Judge (Doc. # 85) is AFFIRMED and ADOPTED.
It is FURTHER ORDERED that, pursuant to the recommendation, the following
motions are DENIED:
1. Defendant Berkley Regional Insurance Company’s Motion to Dismiss
Plaintiff's Second Claim for Relief or, in the alternative Motion to Stay
the Proceedings (Doc. # 28);
2. Defendant Centerre Government Contracting Group, LLC’s Motion To
Dismiss Plaintiff’s Second Claim For Relief Or, In The Alternative, Motion
To Stay The Proceedings (Doc. # 41);
3. Defendant Kiewit-Turner’s Motion To Dismiss First Claim For Relief Against
Kiewit-Turner’s Sureties, Or, In The Alternative, Motion To Stay (Doc. # 50);
4. Defendant Kiewit-Turner’s Motion To Dismiss First And Fourth Claims For
Relief Against Kiewit-Turner, Or, In The Alternative, Motion To Stay (Doc.
# 52);
5. Defendant Kiewit Building Group’s Motion To Dismiss First And Fourth Claims
For Relief Against Kiewit, Or, In The Alternative Motion To Stay (Doc. # 54);
6. Defendant Turner Construction Company’s Motion To Dismiss First And
Fourth Claims For Relief Against Turner, Or, In The Alternative, Motion To
Stay (Doc. # 56).

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It is FURTHER ORDERED that the Defendant Berkley Regional Insurance
Company’s Unopposed Motion for Extension of Time to File Response/Reply (Doc.
# 75) is GRANTED.
DATED: May

13

, 2014
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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