Victoria Fire & Casualty Company v. Bautista et al

Filing 35

ORDER re: 28 MOTION to Dismiss the Counterclaim of Jose Dominguez Pursuant to Fed.R.Civ.P. 12(B)(6) filed by Victoria Fire & Casualty Company. The motion has been fully briefed. Because the motion and briefing includes in exhibits matters t hat are not within the allegations of the counterclaim, the motion to dismiss is converted to a motion for summary judgment under Rule 56. Applying that standard, it is ORDERED that the motion for summary judgment will be scheduled for hearing at a time to be agreed by counsel, by Judge Richard P. Matsch on 1/14/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-02348-RPM
VICTORIA FIRE & CASUALTY COMPANY,
Plaintiff,
v.
BLANCA L. BAUTISTA, an individual;
CARLOS ESCOBAR BAUTISTA, an individual;
JOSE DOMINGUEZ, as Parent and Next Friend of Daughter,
MONIQUE DOMINGUEZ; an individual;
DAMIEN CHURCHWELL, an individual;
KEVIN CHURCHWELL, an individual;
EMMYTH NUNEZ, an individual;
MENDOTA INSURANCE COMPANY,
Defendants.
_____________________________________________________________________
ORDER COVERTING MOTION TO DISMISS TO MOTION FOR SUMMARY
JUDGMENT AND FOR HEARING
_____________________________________________________________________
On November 17th, 2014, the plaintiff, Victoria Fire and Casualty Company, filed
a motion to dismiss the counterclaim of Jose Dominguez on behalf of Monique
Dominguez pursuant to Fed.R.Civ.P. 12(b)(6). Doc. [28]. The motion has been fully
briefed. Because the motion and briefing includes in exhibits matters that are not within
the allegations of the counterclaim, the motion to dismiss is converted to a motion for
summary judgment under Rule 56. Applying that standard, it is
ORDERED that the motion for summary judgment will be scheduled for hearing
at a time to be agreed by counsel.

DATED: January 14th, 2015
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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