Security National Insurance Company v. Moore et al

Filing 22

ORDER OF DISMISSAL The motion for leave to amend 17 is denied and this civil action is dismissed without prejudice as to defendant Willow Park Apts, LLC. by Judge Richard P. Matsch on 8/10/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-02522-RPM
SECURITY NATIONAL INSURANCE COMPANY,
Plaintiff,
v.
CHARLES MOORE DBA MOORE CONSTRUCTION, an individual, and
WILLOW PARK APTS, LLC,
Defendants.
_____________________________________________________________________
ORDER OF DISMISSAL OF DEFENDANT WILLOW PARK APTS, LLC
_____________________________________________________________________
The defendant filed a motion for leave to amend the answer to assert a
counterclaim for declaratory relief of coverage of insurance issued by the plaintiff to
Charles Moore DBA Moore Construction for damage done to the defendant’s building
by Moore. Charles Moore is in default in this case in which the plaintiff seeks a
declaratory judgment that it correctly rescinded the policy based on material false
representations in the application for the policy. The whereabouts of Charles Moore are
unknown. Willow Park Apts, LLC, has no standing to challenge the claim against Moore
and is not a proper party in this action because it has not brought a claim against
Moore. Accordingly, on the Court’s own motion it is
ORDERED that the motion for leave to amend [Doc. 17] is denied and this civil
action is dismissed without prejudice as to defendant Willow Park Apts, LLC.
Dated: August 10th, 2015
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge