Iversen v. Allianz SE et al

Filing 20

ORDER Dismissing Outrageous Conduct Claim re 10 : the fifth claim for relief in all of the complaints is dismissed pursuant to Fed. R. Civ. P. 12(b)(6), by Judge Richard P. Matsch on 3/17/2014, re 1 , 8 and 17 .(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-00093-RPM
INGRID IVERSEN, Individually and as
Personal Representative of the Estate of Terry Tyler,
Plaintiff,
vs.
AGA SERVICE COMPANY,
Defendant.
_____________________________________________________________________
ORDER DISMISSING OUTRAGEOUS CONDUCT CLAIM
_____________________________________________________________________
In the original complaint, filed January13, 2014, [1] the amended complaint filed
February 4, 2014,[8] and the second amended complaint filed March 13, 2014, [17], the
plaintiff in the fifth claim for relief asserts the claim for outrageous conduct under
Colorado law. The defendant filed a Motion to Dismiss Outrageous Conduct Claim on
February 18, 2014, [10]. The plaintiff responded on March 3, 2014, [14] and the
defendant replied on March 17, 2014, [19]. The factual allegations contained in all three
of the complaints asserting the fifth claim for relief for outrageous conduct are not
sufficient under Colorado law to support that claim. Accordingly, it is
ORDERED that the fifth claim for relief in all of the complaints is dismissed
pursuant to Fed. R. Civ. P. 12(b)(6).
DATED: March 17th, 2014
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge