Checkley v. Allied Property and Casualty Insurance Company
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
October 21st, 2014
J. Chris Smith
Civil Action No. 14-cv-02369-RPM
TRACY CHECKLEY, individually and
on behalf of her minor child James Checkley,
David O. Hansen
ALLIED PROPERTY CASUALTY INSURANCE COMPANY,
Christa L. Rock
Hearing on Motion to Dismiss
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  to the motion dismiss
 and to incorporate them in the Complaint , to construe the filings in there entirety as an
Argument by Ms. Rock.
Plaintiff’s claims for bad faith and unreasonable delay are dismissed.
Argument by Mr. Hansen.
Court makes oral findings as stated on record.
Defendant’s Motion to Dismiss Pursuant to Fe.R.Civ.P. 12(b)(6), is granted.
Argument by Ms. Ms. Rock regarding attorney fees.
Defendant’s motion for attorney fees and costs is denied.
Court in recess. Hearing concluded. Total time: 45 min.
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