De Arment v. Aetna Life Insurance Company

Filing 47

MINUTE ORDER: Plaintiff filed an 42 Amended Complaint asserting claims under Washington law instead of Colorado law. Aetna's 12 Motion to Dismiss is denied as moot and the 36 Recommendation of United States Magistrate is terminated on the docket of the court. By Judge Robert E. Blackburn on 3/16/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02112-REB-KLM
SOPHIA CLAIRE DE ARMENT,
Plaintiff,
v.
AETNA LIFE INSURANCE COMPANY,
Defendant.
MINUTE ORDER1

The matters before the court are: (1) Aetna’s Motion To Dismiss [#12]2 filed August
27, 2014; and (2) the Recommendation of United States Magistrate Judge [#36] filed
November 10, 2014. The motion to dismiss addresses only the claim of the plaintiff under
§10-3-1115, C.R.S., as asserted in her complaint [#4].
In the recommendation [#36], the magistrate judge recommends that the motion to
dismiss be granted as to the claim of the plaintiff under §10-3-1115, C.R.S. Rather than file
an objection to the recommendation [#36], the plaintiff filed an amended complaint [#42]
asserting claims under Washington law instead of Colorado law. The plaintiff no longer
asserts a claim under §10-3-1115, C.R.S. The amended complaint [#42] renders moot both
Aetna’s Motion To Dismiss [#12] and the Recommendation of United States Magistrate
Judge [#36]. After reviewing the motion, the file, and the record, it is
ORDERED as follows:
1. That Aetna’s Motion To Dismiss [#12] filed August 27, 2014, is denied as moot;
and
2. That the Recommendation of United States Magistrate Judge [#36] filed
November 10, 2014, is terminated on the docket of the court.
Dated: March 16, 2015.

1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2

“[#12]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.