Jones-Bird v. Allstate Fire and Casualty Insurance Company

Filing 24

ORDER ON MOTIONS Pursuant to the hearing held today 23 , the plaintiff's motion for leave to amend complaint 17 is granted and the amended complaint [17-3] is filed as the plaintiff's amended complaint, the third claim for relief is dis missed because it is a claim for a penalty and is barred by the one-year statute of limitations, the defendant's motion to dismiss the second claim for relief is denied under Fed. R. Civ. P. 12(b)(6) with the date for accrual of that claim to be determined at trial, by Judge Richard P. Matsch on 2/9/16. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 15-cv-02822-RPM
JILL JONES-BIRD,
Plaintiff,
v.
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY,
Defendant.
_____________________________________________________________________
ORDER ON MOTIONS
_____________________________________________________________________
Pursuant to the hearing held today, it is
ORDERED that the plaintiff’s motion for leave to amend complaint [Doc. 17] is
granted and the amended complaint [Doc. 17-3] is filed as the plaintiff’s amended
complaint, and it is
FURTHER ORDERED that the third claim for relief is dismissed because it is a
claim for a penalty and is barred by the one-year statute of limitations and it is
FURTHER ORDERED that the defendant’s motion to dismiss the second claim
for relief is denied under Fed. R. Civ. P. 12(b)(6) with the date for accrual of that claim
to be determined at trial.
DATED: February 9, 2016
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge