American General Life Insurance Company v. Henthorn et al

Filing 85

ORDER striking 74 Motion to Dismiss for Lack of Jurisdiction, by Magistrate Judge Nina Y. Wang on 10/14/15.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00108-MSK-NYW
AMERICAN GENERAL LIFE INSURANCE COMPANY,
Plaintiff,
v.
HAROLD A. HENTHORN,
ESTATE OF TONI B. HENTHORN a/k/a TONI BERTOLET, and
GARY CLEXTON, as Special Administrator of the
Estate of Toni Br. Henthorn a/k/a Toni Bertolet,
Defendants.

ORDER
Magistrate Judge Nina Y. Wang
This matter comes before the court on the Motion to Dismiss for Lack of Subject Matter
Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) or Alternatively, for Return of This Matter to the
Docket of Judge R. Brooke Jackson, by Barbara E. Cashman, Guardian Ad Litem for H.N.H.,
Proposed Intervenor-Defendant (“Cashman Motion to Dismiss”) [#74] filed on August 4, 2015.
This motion was referred to the undersigned Magistrate Judge pursuant to the Order of Reference
dated April 27, 2015 [#45] and the Memorandum dated September 1, 2015 [#80].
Chief Judge Krieger denied Ms. Cashman’s Motion to Intervene [#12] by Opinion and
Order dated September 23, 2015. [#82]. Thus, Ms. Cashman was not a party to this action when
she filed the Cashman Motion to Dismiss and is not now a party to this action; accordingly, she
had and currently has no standing to file any motion, including the pending Cashman Motion to
Dismiss. See UFCW Local 880-Retail Food Emp’rs Joint Pension Fund v. Newmont Mining

Corp., Civil Action Nos. 05-cv-01046-MSK-BNB, 05-cv-01100-MSK-CBS, 05-cv-01141-MSKBNB, 2007 WL 2871013, *4 (D. Colo. Sept. 26, 2007).
IT IS ORDERED that:
(1)

The Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed.
R. Civ. P. 12(b)(1) or Alternatively, for Return of This Matter to the Docket of
Judge R. Brooke Jackson, by Barbara E. Cashman, Guardian Ad Litem for
H.N.H., Proposed Intervenor-Defendant [#74] is STRICKEN.

DATED: October 14, 2015

BY THE COURT:

s/Nina Y. Wang__________
United States Magistrate Judge

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