Dawson v. Continental Insurance Company, The

Filing 39

ORDER by Judge Philip A. Brimmer on 1/8/15. The Recommendation of United States Magistrate Judge [Docket No. 31] is ACCEPTED. It is further ORDERED that Plaintiffs Motion for Leave to Amend his Complaint and Jury Demand [Docket No. 21] is GRANTED i n part and DENIED in part. It is further ORDERED that plaintiffs claims for breach of contract, violation of Colo. Rev. Stat. § 10-3-1115 and § 10-3-1116, and violation of the covenant of good faith and fair dealing are DISMISSED without pr ejudice. It is further ORDERED that plaintiffs motion for leave to amend is DENIED without prejudice with respect to those aspects of plaintiffs proposed malicious prosecution and civil conspiracy claims over which the Court lacks subject matter jur isdiction. It is further ORDERED that plaintiffs motion for leave to amend is DENIED with prejudice in all other respects. It is further ORDERED that, within 14 days of the entry of judgment, defendant may have its costs by filing a bill of costs with the Clerk of the Court. It is further ORDERED that this case is dismissed in its entirety. (kpreu)

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