Century Surety Company v. Smith et al

Filing 216

ORDER granting 215 Stipulated MOTION to Dismiss Party For Dismissal of All Claims Among and Between St. Paul Fire & Marine Insurance Company and William R. Smith by Defendant St. Paul Fire & Marine Insurance Company. Defendant St. Paul Fire & Marin e Insurance Companys cross-claims against Defendant William R. Smith are DISMISSED WITH PREJUDICE; Defendant William R. Smiths cross-claims against Defendant St. Paul Fire & Marine Insurance Company are DISMISSED WITH PREJUDICE; To the extent there a re any cross-claims asserted between Defendant St. Paul Fire & Marine Insurance Company and Defendant Lorena Garcia, for herself and as the Personal Representative of the Estate of Reyes Garcia, such cross-claims are DISMISSED WITH PREJUDICE; Defenda nts William R. Smith and Lorena Garcia, for herself and as the Personal Representative of the Estate of Reyes Garcia, are DISMISSED WITH PREJUDICE and their names will be removed from the caption in all future filings with the Court; Defendants St. P aul Fire & Marine Insurance Company, William R. Smith, and Lorena Garcia, for herself and as the Personal Representative of the Estate of Reyes Garcia, as among and between themselves, shall each bear its, his, or her own attorneys fees and costs; De fendant St. Paul Fire & Marine Insurance Companys Motion for Summary Judgment 140 is DENIED IN PART AS MOOT as to Defendant William R. Smith ONLY; and The parties remaining in this action are Plaintiff Century Surety Company and Defendant St. Paul Fire & Marine Insurance Company, and the only motion remaining for the Courts resolution is Defendant St. Paul Fire & Marine Insurance Companys Motion for Summary Judgment 140 as against Plaintiff Century Surety Company. Ordered by Judge Raymond P. Moore on 02/25/2016.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 14BcvB00947BRMBMJW
CENTURY SURETY COMPANY, an Ohio corporation,
Plaintiff,
v.
WILLIAM R. SMITH, an individual,
LORENA GARCIA, for herself and as the Personal Representative of the Estate of Reyes Garcia,
and
ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Minnesota corporation,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on the Stipulated Motion for Dismissal of All Claims
Among and Between St. Paul Fire & Marine Insurance Company and William R. Smith (the
“Stipulated Motion”)1 (ECF No. 215), requesting the dismissal of all crossclaims between
Defendants St. Paul Fire & Marine Insurance Company and William R. Smith, with prejudice,
along with the dismissal of Defendant Lorena Garcia, for herself and as the Personal
Representative of the Estate of Reyes Garcia, with prejudice.2 Upon consideration of the
Stipulated Motion, the Notice (ECF No. 210) notifying the Court of these parties’ settlement and

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The parties are reminded that all pleadings and documents shall be double spaced. D.C.COLO.LCivR 10.1(e).
Defendant Smith has assigned his claims to Defendant Garcia.

the matters which are now moot, the Court’s Order of February 16, 2016 (ECF No. 213), relevant
portions of the Court file, and being otherwise fully advised, the Court ORDERS as follows:
(1) The Stipulated Motion for Dismissal of All Claims Among and Between St. Paul Fire
& Marine Insurance Company and William R. Smith (ECF No. 215) is GRANTED;
(2) Defendant St. Paul Fire & Marine Insurance Company’s crossclaims against Defendant
William R. Smith are DISMISSED WITH PREJUDICE;
(3) Defendant William R. Smith’s crossclaims against Defendant St. Paul Fire & Marine
Insurance Company are DISMISSED WITH PREJUDICE;
(4) To the extent there are any crossclaims asserted between Defendant St. Paul Fire &
Marine Insurance Company and Defendant Lorena Garcia, for herself and as the
Personal Representative of the Estate of Reyes Garcia, such crossclaims are
DISMISSED WITH PREJUDICE;
(5) Defendants William R. Smith and Lorena Garcia, for herself and as the Personal
Representative of the Estate of Reyes Garcia, are DISMISSED WITH PREJUDICE
and their names will be removed from the caption in all future filings with the Court;
(6) Defendants St. Paul Fire & Marine Insurance Company, William R. Smith, and Lorena
Garcia, for herself and as the Personal Representative of the Estate of Reyes Garcia, as
among and between themselves, shall each bear its, his, or her own attorneys’ fees and
costs;

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(7) Defendant St. Paul Fire & Marine Insurance Company’s Motion for Summary
Judgment (ECF No. 140) is DENIED IN PART AS MOOT as to Defendant William
R. Smith ONLY; and
(8) The parties remaining in this action are Plaintiff Century Surety Company and
Defendant St. Paul Fire & Marine Insurance Company, and the only motion remaining
for the Court’s resolution is Defendant St. Paul Fire & Marine Insurance Company’s
Motion for Summary Judgment (ECF No. 140) as against Plaintiff Century Surety
Company.
DATED this 25th day of February, 2016.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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