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)

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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.

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