Crossroads American Baptist Church v. Guide One Insurance

Filing 75

ORDER AND REPORT AND RECOMMENDATION by Magistrate Judge N. Reid Neureiter on 10/29/2019 re 51 MOTION to Dismiss for Lack of Jurisdiction filed by Guideone Mutual Insurance Company and 67 Fourth Motion for Extension of Time to Respond to Defendants Partial Motion for Summary Judgment (Breach of Contract) and Defendants Motion for Summary Judgment as to Plaintiffs Second and Third Claims for Relief (Bad Faith). 67 Motion is GRANTED finding good cause shown. (tsher, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-01256-REB-NRN
CROSSROADS AMERICAN BAPTIST CHURCH,
Plaintiff,
v.
GUIDEONE MUTUAL INSURANCE COMPANY,
Defendant.
ORDER AND REPORT AND RECOMMENDATION
Entered by Magistrate Judge N. Reid Neureiter
Before this Court are two motions: (1) Defendant Guideone Mutual Insurance
Company’s (“Guideone”) Motion to Dismiss for Lack of Standing, Dkt. #51, referred to
the Court by Judge Robert E. Blackburn, Dkt. #52; and (2) Plaintiff Crossroads
American Baptist Church’s (“Crossroads”) Fourth Motion for Extension of Time to
Respond to Defendant’s Partial Motion for Summary Judgment (Breach of Contract)
and Defendant’s Motion for Summary Judgment as to Plaintiff’s Second and Third
Claims for Relief (Bad Faith), Dkt. #67 (“Fourth Motion for Extension of Time”), also
referred to the Court by Judge Blackburn, Dkt. # 70.
On October 16, 2019, I heard oral argument by the parties on US General, LLC’s
Motion to Permit Joinder, Dkt. #61, referred to the Court by Judge Blackburn, Dkt. #62,
and Guideone’s Motion to Dismiss for Lack of Standing. Having considered the briefs,
Dkt. ##51, 60 & 68; 61 & 69, and oral argument on both motions, I granted the Motion to
Permit Joinder, ordered that US General, LLC be added as a Plaintiff, and reserved
ruling on the Motion to Dismiss until the parties submitted either a stipulation or briefing
on the issues remaining with respect to the Motion to Dismiss. See Dkt. #71.
On October 25, 2019, in accordance with my order at the hearing, Crossroads
and Guideone submitted a Stipulation to Dismiss Plaintiff Crossroads American Baptist
Church and Second Claim for Relief, Dkt. #74, in which the parties stipulated to the
dismissal of Crossroads, and that the claim for common law bad faith also be dismissed
with prejudice.
Accordingly, with respect to Guideone’s Motion to Dismiss, Dkt. #51, this Court
RECOMMENDS the following:
1.

That Crossroads American Baptist Church be dismissed;

2.

That Crossroads American Baptist Church be removed from the caption;
and

3.

That the Second Claim for Relief (common law bad faith) be dismissed
with prejudice with Crossroads and Guideone each to bear its own costs
and fees.

Crossroads and Guideone also filed a Stipulation to Extend Deadlines to
Respond to Guideone’s Motions for Summary Judgment, Dkt. #73, in which the parties
stipulated that US General, LLC was substituted as a plaintiff and as such will be
required to respond to Guideone’s motions for summary judgment. Id. The parties also
stipulated to deadlines for US General to respond and Guideone to reply. See Dkt. #73.
The Court construes the parties’ stipulations to mean that Guideone’s objection to the
Fourth Motion for Extension of Time is withdrawn, making such motion unopposed.
Accordingly, it is ORDERED that the Fourth Motion for Extension of Time to
Respond to Defendant’s Partial Motion for Summary Judgment (Breach of Contract)
and Defendant’s Motion for Summary Judgment as to Plaintiff’s Second and Third
Claims for Relief (Bad Faith), Dkt. #67, is GRANTED finding good cause shown.
It is further ORDERED that US General is directed to respond to Guideone’s
motions for summary judgment, Dkt. ##28 & 30, on or before December 13, 2019, and
Guideone is directed to submit its reply, if any, on or before December 20, 2019.

Date: October 29, 2019

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