Dakota Station II Condominium Association, Inc. v. Auto Owners Insurance Company

Filing 85

ORDER by Magistrate Judge Nina Y. Wang on 01/20/16 GRANTING 83 Motion to Amend Caption. The Clerk of the Court is DIRECTED to update the case caption to substitute Owners Insurance Company as a party in place of Auto-Owners Insurance Company.(nmarb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-2839-RM-NYW DAKOTA STATION II CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation, Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, a Michigan corporation, Defendant. ORDER GRANTING MOTION TO AMEND CAPTION Magistrate Judge Nina Y. Wang This matter comes before the court on Auto-Owners Insurance Company’s Unopposed Motion to Amend Caption to Correct Party Name (the “Motion”). [#83, filed Jan. 18, 2016]. The Motion was referred to this Magistrate Judge pursuant to the Order of Reference dated February 4, 2015 [#23], the Order Reassigning Magistrate Judge dated February 10, 2015 [#24], and the Memorandum dated January 18, 2016 [#84]. Auto-Owners Insurance Company (“Auto-Owners”) represents in its Motion that it recently came to the attention of Owners Insurance Company (“Owners”), an insurance company that is related to Auto-Owners, that it was the entity that should be named in this matter rather than Auto-Owners because Owners issued the insurance policy relevant to this dispute. [#83 at 2]. Accordingly, Auto-Owners requests that the court enter an order directing that the case caption be administratively corrected to reflect Defendant, Counterclaimant, and Third Party Plaintiff’s name as Owners Insurance Company. The court finds that good cause exists for this proposed amendment. Therefore, IT IS ORDERED that: (1) Auto-Owners Insurance Company’s Unopposed Motion to Amend Caption to Correct Party Name is GRANTED; and (2) The Clerk of the Court is DIRECTED to update the case caption to substitute Owners Insurance Company as a party in place of Auto-Owners Insurance Company. DATED: January 20, 2016 BY THE COURT: s/ Nina Y. Wang Nina Y. Wang United States Magistrate Judge

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