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CREEKSIDE TOWNHOMES HOMEOWNERS ASSN. v. TRAV. CAS. SUR

United States District Court, D. Colorado
Oct 2, 2009
Civil Action No. 08-cv-02240-WYD-CBS (D. Colo. Oct. 2, 2009)

Opinion

Civil Action No. 08-cv-02240-WYD-CBS.

October 2, 2009


ORDER


THIS MATTER is before the Court on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) [doc. #99], filed September 29, 2009. As an initial matter, I note that attached to the Motion are matters outside the pleadings in the form of an affidavit and exhibits, and in a footnote in the motion, Defendant states the Motion should be converted to a motion for summary judgment.

In regard to Motions for Summary Judgment, my Practice Standards state that:

[t]hese procedures contemplate the filing of a single motion for summary judgment by a party. A party may NOT file multiple motions for summary judgment without obtaining permission from the Court. Such permission will only be given in exceptional circumstances.

Upon review of the Motion and the file in this matter, I find that the Motion is a successive motion for summary judgment. Defendant filed a Motion for Summary Judgment on July 15, 2009 [#63], and has not sought leave to file a second motion for summary judgment. Moreover, the argument raised in the instant Motion, that Plaintiff incorrectly named Travelers Casualty Surety Company as Defendant in this action, was already raised and briefed in connection with Defendant's initial Motion for Summary Judgment. Therefore, it is hereby

ORDERED that Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) [doc. #99], filed September 29, 2009, is STRICKEN for failure to comply with my Practice Standards.


Summaries of

CREEKSIDE TOWNHOMES HOMEOWNERS ASSN. v. TRAV. CAS. SUR

United States District Court, D. Colorado
Oct 2, 2009
Civil Action No. 08-cv-02240-WYD-CBS (D. Colo. Oct. 2, 2009)
Case details for

CREEKSIDE TOWNHOMES HOMEOWNERS ASSN. v. TRAV. CAS. SUR

Case Details

Full title:CREEKSIDE TOWNHOMES HOMEOWNERS ASSOCIATION, INC., Plaintiff, v. TRAVELERS…

Court:United States District Court, D. Colorado

Date published: Oct 2, 2009

Citations

Civil Action No. 08-cv-02240-WYD-CBS (D. Colo. Oct. 2, 2009)