American Fire Cas. v. Bcorp Cantebury at Riverwalk, LLC

Full title: AMERICAN FIRE AND CASUALTY COMPANY, and THE OHIO CASUALTY INSURANCE…

Court: United States District Court, D. Colorado

Date published: Nov 22, 2005

Civil Action No. 04-cv-00197-EWN-BNB (D. Colo. Nov. 22, 2005)

Opinion

Civil Action No. 04-cv-00197-EWN-BNB.

November 22, 2005

ORDER

BOYD BOLAND, Magistrate Judge

This matter is before me on the following:

(1) BCORP Defendants' 1) Status Report; 2) Request for Expedited Consideration of Its Renewed Motion to Stay; and 3) Motion to Vacate November 22, 2005 Hearing Before Magistrate Judge Regarding BCORP's Motion for Leave to Add Cross-Claims Against Admiral Insurance Company (the "Motion to Vacate Hearing"), filed November 18, 2005;

(2) Defendant BCORP's Motion for Leave to Add Cross-Claims Against Admiral Insurance Company (the "Motion to Amend"), filed October 24, 2005; and

(3) Arlington Parties' Motion for Protective Order Regarding Unnecessary and Duplicative Written Discovery (the "Motion for Protective Order"), filed November 15, 2005.

I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:

IT IS ORDERED that the Motion to Vacate Hearing is DENIED.

IT IS FURTHER ORDERED that the Motion to Amend is DENIED as untimely. The BCORP defendants are granted leave to refile the Motion to Amend if they first obtain an extension of the dispositive motion deadline and the discovery cut-off date.

IT IS FURTHER ORDERED that the Motion for Protective Order is DENIED AS MOOT. The hearing on the Motion for Protective Order set for December 8, 2005, at 9:30 a.m., is VACATED.