Everhart v. American Family Mutual Insurance Company

Filing 87

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/20/15 denying 85 Plaintiff's Unopposed Motion to Amend. To facilitate his dismissal of the Second Claim for Relief, Plaintiff should file a Motion for Leave to Amend that the court will consider once filed.(bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-694-WYD-NYW
RICHARD EVERHART,
Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Defendant.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Magistrate Judge Nina Y. Wang
This matter comes before the Court on Plaintiff Richard Everhart’s (“Plaintiff” or “Mr.
Everhart”) Unopposed Motion to Amend Scheduling Order and Notice of Dismissal of Second
Claim for Relief (Bad Faith) (“Unopposed Motion to Amend”) [#85, filed April 16, 2015]. In
the Unopposed Motion to Amend, Plaintiff seeks to amend the Scheduling Order to eliminate the
cause of action for bad faith and the request for relief of bad faith damages. [Id. at ¶¶ 3-4].
The Complaint is the operative pleading in this case. [#1]. In it, Mr. Everhart asserts to
claims for relief: (1) American Family “unreasonably delayed and denied payment of claims for
covered losses in violation of C.R.S. §10-3-1115 and §10-3-1116” [id. at ¶ 33] and (2) American
Family “acted in bad faith breach of insurance contract.” [Id. at ¶ 37]. In order to amend the
claims he asserts, Plaintiff should amend not the Scheduling Order, but seek leave to amend the
Complaint under the applicable Federal Rules of Civil Procedure.
Therefore, IT IS ORDERED that:
(1)
(2)

Plaintiff’s Unopposed Motion to Amend [#85] is DENIED; and
To facilitate his dismissal of the Second Claim for Relief, Plaintiff should file a
Motion for Leave to Amend that the court will consider once filed.

DATED: April 20, 2015