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Phoenix Insurance Co. v. Cantex Inc.

United States District Court, D. Colorado

July 9, 2015

THE PHOENIX INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, and THE TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiffs,
v.
CANTEX, INC., CONCRETE MANAGEMENT CORP., LANDMARK AMERICAN INSURANCE COMPANY, OLD REPUBLIC INSURANCE COMPANY, and RBR CONSTRUCTION, INC., Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Robert E. Blackburn Judge

The matter before me is the Recommendation of United States Magistrate Judge [#248], [1] filed June 18, 2015. No objection having been timely filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s recommended disposition, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#248], filed June 18, 2015, is approved and adopted as an order of this court;

2. That Continental Casualty Company’s Motion To Dismiss “Bad Faith” Claim and Answer [#189], filed November 14, 2014, is denied as moot; and

3. That Continental Insurance Company’s Joinder in Motion To Dismiss “Bad Faith” Claim and Answer [#204], filed January 9, 2015, is denied as moot.


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