Checkley v. Allied Property and Casualty Insurance Company

Filing 16

Courtroom Minutes for Motion Hearing held on 10/21/2014 before Judge Richard P. Matsch. ORDERED: Defendant's Motion to Dismiss Pursuant to Fe.R.Civ.P. 12(b)(6), is granted. Defendant's motion for attorney fees and costs is denied. FTR: K. Terasaki. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
October 21st, 2014
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 14-cv-02369-RPM
TRACY CHECKLEY, individually and
on behalf of her minor child James Checkley,

David O. Hansen

Plaintiff,
v.
ALLIED PROPERTY CASUALTY INSURANCE COMPANY,

Christa L. Rock

Defendant.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Motion to Dismiss
10:47 a.m.

Court in session.

Court’s preliminary remarks.
Court suggestion regarding how to proceed to in order cure filing irregularities/ deficiencies.
Statement by Ms. Rock.
Counsel agree to accept arguments and exhibits raised in the response [13] to the motion dismiss
[12] and to incorporate them in the Complaint [5], to construe the filings in there entirety as an
Amended Complaint.
Argument by Ms. Rock.
ORDERED:

Plaintiff’s claims for bad faith and unreasonable delay are dismissed.

Argument by Mr. Hansen.
Court makes oral findings as stated on record.
ORDERED:

Defendant’s Motion to Dismiss Pursuant to Fe.R.Civ.P. 12(b)(6), is granted.

Argument by Ms. Ms. Rock regarding attorney fees.
ORDERED:

Defendant’s motion for attorney fees and costs is denied.

11:32 a.m.

Court in recess. Hearing concluded. Total time: 45 min.