Opinion
Civil Action No. 12-cv-01174-RPM
09-04-2012
PUBLIC SERVICE COMPANY OF COLORADO d/b/a XCEL ENERGY, and XCEL ENERGY SERVICES INC., Plaintiffs, v. AXIS SURPLUS INSURANCE COMPANY, Defendant.
Senior District Judge Richard P. Matsch
ORDER DENYING DEFENDANT'S PARTIAL MOTION TO DISMISS
On July 9, 2012 defendant Axis Surplus Insurance Company filed a Partial Motion to Dismiss [9], seeking dismissal of the first, third and fourth claims for relief in the complaint pursuant to Fed.R.Civ.P. 12(b)(6). The motion has been fully briefed. It is apparent from the briefing that the defendant's contentions are based on legal arguments that depend upon unsettled Colorado law. Before this Court can resolve those issues the full factual context of the settlement of the underlying litigation must be considered. Accordingly, it is
ORDERED that the motion is denied and the case will proceed to a scheduling conference.
BY THE COURT:
________________________
Richard P. Matsch, Senior District Judge