Phoenix Insurance Company, The et al v. Cantex, Inc. et al
Plaintiff: Phoenix Insurance Company, The, Travelers Indemnity Company, The and Travelers Property Casualty Company of America
Defendant: Cantex, Inc., Concrete Management Corp., Landmark American Insurance Company, Old Republic Insurance Company and RBR Construction, Inc.
Case Number: 1:2013cv00507
Filed: February 27, 2013
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: Boyd N. Boland
Presiding Judge: Robert E. Blackburn
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgment (Insurance)
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 24, 2015 Opinion or Order Filing 345 ORDER FOR JUDGMENT entered by Judge Robert E. Blackburn on 11/24/15. IT IS ORDERED as follows: 1. That in accordance with the Order Granting Motion for Summary Judgment of Third-Party Defendant Scottsdale Insurance Company 7 at 11-12 [#342], filed November 9, 2015, judgment shall enter in favor of third-party defendant Scottsdale Insurance Company and against third-party plaintiff Cantex, Inc.; 2. That in accordance with the Order Granting Motion for Summary Judgment of Third-Party Defendant Scottsdale Insurance Company 8 at 12 [#342], filed November 9, 2015, third-party defendant Scottsdale Insurance Company is awarded its costs against third-party plaintiff Cantex, Inc., to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and 3. That this case is closed. (rkeec)
November 23, 2015 Opinion or Order Filing 344 ORDER re: 343 Stipulation for Dismissal With Prejudice of Claims Between Cantex Inc. and Amerisure Insurance Company filed by Cantex Inc.. That the cross claims of defendant Cantex, Inc., against defendant Amerisure Insurance Company alleged in Crossclaim of Defendant Cantex Inc. Against Amerisure Insurance Company 169 , filed October 3, 2014, are dismissed with prejudice, by Judge Robert E. Blackburn on 11/23/2015. (evana, )
November 9, 2015 Opinion or Order Filing 342 ORDER That Third-Party Defendant Scottsdale Insurance Companys Motion for Summary Judgment 278 , filed September 17, 2015, is granted; That Cantexs third-party claim for breach of contract against third-party defendant Scottsdale is dismissed with prejudice; That Cantexs third-party claim for bad faith against third-party defendant Scottsdale is dismissed without prejudice pursuant to my Order Overruling Objections to and Adopting Recommendation of United States Magistrate Judge 3.a. at 3 269 , filed September 2, 2015; That Scottsdales counterclaim for declaratory relief against CIC and CCC asserted in Scottsdale Insurance Companys Answer and Counterclaim to Third-party Complaint of Cantex, Inc. 31-39 at 6-7 276 , filed Septe mber 16, 2015, is dismissed as moot; Denying as moot, 273 Cantex Inc.s Motion To Strike the Expert Report and Preclude Testimony of Allan D. Windt Pursuant to Fed. R. Evid. 403 & 702 ; and 338 Motion To Dismiss of Third-Party Defendants Contin ental Casualty Company and Continental Insurance Company; That the combined Final Pretrial Conference and Trial Preparation Conference set November 12, 2015, at 11:00 a.m., and the trial set to commence on November 30, 2015, are vacated, by Judge Robert E. Blackburn on 11/9/2015.(evana, )
November 3, 2015 Opinion or Order Filing 337 ORDER denying in part and denying as moot in part 277 Third Party Defendant Scottsdale Insurance Company's Motion To Bifurcate and Stay Its Trial Deadlines. By Judge Robert E. Blackburn on 11/3/2015.(mlace, )
October 8, 2015 Opinion or Order Filing 289 ORDER granting 267 Motion to Strike. For the reasons set forth in the court's Order, IT IS ORDERED that Mr. Windts original and supplemental expert designation and expert report are STRICKEN pursuant to Fed. R. Civ. P. 37(c)(1). By Magistrate Judge Nina Y. Wang on 10-8-2015. (nywlc2.)
September 2, 2015 Opinion or Order Filing 269 ORDER The Recommendation of United States Magistrate Judge 255 , is approved and adopted, except to the extent the recommendation regarding Cantex's bad faith claims against Scottsdale is mooted. The Third-Party Defendant Scottsdale Insurance Company's Objections to the Recommendation of the United States Magistrate Judge 261 , are overruled. Defendant Scottsdale Insurance Company's Motion To Dismiss 194 , is granted in part, denied in part, and denied as moot in part. By Judge Robert E. Blackburn on 9/2/2015.(mlace, )
July 22, 2015 Opinion or Order Filing 260 ORDER Status Report due by 8/1/2015. By Judge Robert E. Blackburn on 7/22/2015. (mlace, )
July 9, 2015 Opinion or Order Filing 254 ORDER Recommendation of United States Magistrate Judge 248 , filed June 18, 2015, is approved and adopted as an order of this court. Continental Casualty Company's Motion To Dismiss Bad Faith Claim and Answer 189 , filed November 14, 2014, is denied as moot. Continental Insurance Company's Joinder in Motion To Dismiss Bad Faith Claim and Answer 204 , filed January 9, 2015, is denied as moot. By Judge Robert E. Blackburn on 7/9/2015.(mlace, )
June 23, 2015 Opinion or Order Filing 251 ORDER Approving 247 Stipulation for Dismissal Without Prejudice of Cantex Inc.'s Bad Faith Claim Against Scottsdale Insurance Company by Judge Robert E. Blackburn on 6/23/15. (mlace, )
June 22, 2015 Opinion or Order Filing 250 ORDER Dismissing Cross Claims Concrete Management Corp. terminated. By Judge Robert E. Blackburn on 6/22/2015. (mlace, )
June 16, 2015 Opinion or Order Filing 244 ORDER approving Stipulation for Dismissal With Prejudice of Claims Between Cantex Inc., and Landmark American Insurance Company by Judge Robert E. Blackburn on 6/16/15. (dkals, )
June 8, 2015 Opinion or Order Filing 240 COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 6/8/2015 before Magistrate Judge Nina Y. Wang. Defendant Scottsdale Insurance Company's Motion to Dismiss 194 is TAKEN UNDER ADVISEMENT. Continental Casualty Company's Motion to Dismiss "Bad Faith" Claim and Answer 189 is TAKEN UNDER ADVISEMENT. Parties shall file a brief, on or before June 12, 2015, regarding choice of law related to Kipling. FTR: Courtroom C-205. (bsimm, )
April 29, 2015 Opinion or Order Filing 236 MINUTE ORDER granting in part on 234 Unopposed Motion for an Order Extending Expert Witness Related Deadlines. The deadline for filing motions under Fed. R. Evid. 702, 703, and 704 is extended, as to all parties to 8/17/2015. The assigned magistrate judge will address the other relief sought in the motion. By Judge Robert E. Blackburn on 4/29/2015.(alowe)
April 28, 2015 Opinion or Order Filing 237 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/28/15 re: Unopposed Motion for an Order Extending Expert Witness Related Deadlines 234 . The Motion is GRANTED AS FOLLOWS: The Parties shall designate all affirmative experts on or before 6/16/2015; The Parties shall designate all rebuttal experts on or before 7/16/2015. (bsimm, )
April 14, 2015 Opinion or Order Filing 232 ORDER denying 224 Motion for Protective Order; denying 228 Motion for Protective Order. By Magistrate Judge Nina Y. Wang on 4-14-15. (nywlc2).
April 9, 2015 Opinion or Order Filing 230 STIPULATED PROTECTIVE ORDER. By Magistrate Judge Nina Y. Wang on 4/9/2015.(alowe)
January 26, 2015 Opinion or Order Filing 213 ORDER granting 212 Cantex Inc's Rule 56(d) Motion to Deny Landmark's Motion for Summary Judgment, or in the Alternative, to Continue the Deadline for Cantex to Respond to Landmark's Motion for Summary Judgment; denying without prejudice 206 Landmark American Insurance Company's Motion for Summary Judgment. By Judge Robert E. Blackburn on 1/26/2015.(alowe)
January 13, 2015 Opinion or Order Filing 211 TRIAL PREPARATION CONFERENCE ORDER: Motions due by 7/16/2015. 8-Day Jury Trial set for 11/30/2015 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Final Pretrial Conference and Trial Preparation Conference set for 11/12/2015 at 11:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 1/13/2015. (alowe)
October 21, 2014 Opinion or Order Filing 173 MINUTE ORDER granting 164 Motion for Leave to File Third-Party Complaint. The hearing on the Motion set for 10/30/2014 at 4:00 PM is VACATED. By Magistrate Judge Boyd N. Boland on 10/21/2014.(alowe)
September 24, 2014 Opinion or Order Filing 163 MINUTE ORDER granting 162 Motion to Withdraw Motion to Server. Cantex Inc's 145 Motion to Sever Travelers' Reimbursement Claims is withdrawn. By Judge Robert E. Blackburn on 9/24/2014. (alowe)
September 19, 2014 Opinion or Order Filing 160 ORDER: Cantex' 157 Motion to Withdraw Motion is GRANTED. Cantex' 102 Motion to Stay or Dismiss is DENIED as withdrawn. Continental's 154 Motion to Clarify is GRANTED. My previous order [Doc. # 130 ] denying as moot the Unopposed Motion of Continental to File Cross-Claim was entered in error and is vacated, and the Unopposed Motion of Continental to File Cross-Claim is restored to the docket. Continental's 110 Unopposed Motion of to File Cross-Claim is GRANTED. A Scheduling Conference is set for 1/13/2015 at 10:00 AM before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 9/19/2014. By Magistrate Judge Boyd N. Boland on 9/19/2014. (alowe) Modified signature date on 9/19/2014 (alowe).
September 10, 2014 Opinion or Order Filing 152 MINUTE ORDER granting 151 Motion for Leave to File One Day Late Cantex Inc's Reply Brief in Support of its Motion to Stay or Dismiss. By Judge Robert E. Blackburn on 9/10/2014. (alowe)
September 2, 2014 Opinion or Order Filing 143 ORDER re: 142 Stipulation of Dismissal of Party, filed by Old Republic Insurance Company. Stipulation of Dismissal Between Plaintiffs and Defendant ORIC Only is APPROVED. That plaintiffs' claims against defendant, Old Republic Insurance Company, are DISMISSED WITH PREJUDICE, by Judge Robert E. Blackburn on 9/2/2014. (trlee, )
August 28, 2014 Opinion or Order Filing 140 ORDER granting 132 Motion to Amend order of dismissal, by Judge Robert E. Blackburn on 8/28/2014.(trlee, )
August 27, 2014 Opinion or Order Filing 137 ORDER granting in part 134 Motion to Clarify. That the court's Order of Dismissal of Defendant, Cantex, Inc., Only 127 entered August 25, 2014 is AMENDED. By Judge Robert E. Blackburn on 8/27/214.(trlee, )
August 26, 2014 Opinion or Order Filing 130 ORDER denying as moot 110 Motion for Leave to File Cross-Claim for Declaratory Judgment, by Magistrate Judge Boyd N. Boland on 8/26/2014.(trlee, )
August 25, 2014 Opinion or Order Filing 128 ORDER re: 125 Stipulation of Dismissal of Party filed by Old Republic Insurance Company. That third-party defendant, Continental Insurance Company, is DROPPED as a named party to this action. By Judge Robert E. Blackburn on 8/25/2014. (trlee, )
August 20, 2014 Opinion or Order Filing 116 ORDER re: 115 Stipulation of Dismissal of Party filed by RBR Construction, Inc., plaintiffs' claims against defendant, RBR Construction, Inc., are DISMISSED and defendant, RBR Construction, Inc., is DROPPED as a named party to this litigation, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 8/20/2014. (trlee, )
August 14, 2014 Opinion or Order Filing 114 ORDER the Stipulation of Dismissal of ORIC's Claims Against Cantex,Landmark and Amerisure Only 112 filed August 14, 2014, is APPROVED, by Judge Robert E. Blackburn on 8/14/2014.(trlee, )
August 7, 2014 Opinion or Order Filing 105 ORDER re: 104 status conference, ruling on motions, by Magistrate Judge Boyd N. Boland on 8/7/2014. (trlee, )
August 6, 2014 Opinion or Order Filing 104 COURTROOM MINUTES for Status Conference and Motion Hearing before Magistrate Judge Boyd N. Boland. Plaintiffs' Motion for Leave to Amend their Complaint 97 is GRANTED. Landmark American Insurance Company's Motion for Leave to File Amended Crossclaim for Declaratory Judgment 94 is GRANTED. The clerk of the court shall accept [97-1] and [94-1] for filing. Hearing on Cantex Inc.'s Motion to Stay or Dismiss 102 is set for 9/18/2014 03:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. FTR: Courtroom A-401. (bsimm)
May 19, 2014 Opinion or Order Filing 91 ORDER granting Plaintiff's 90 Motion to Re-open Case. Landmark's Motion to Join Travelers' Motion To Re-Open Case [# 90 ], filed March 6, 2014, is GRANTED. By Judge Robert E. Blackburn on 5/19/2014.(klyon, )
February 27, 2014 Opinion or Order Filing 84 MINUTE ORDER striking 83 Motion to Withdraw. By Judge Robert E. Blackburn on 2/27/2014.(klyon, )
December 11, 2013 Opinion or Order Filing 77 ORDER adopting 71 Recommendation of United States Magistrate Judge and Administratively Closing Case. All currently pending motions, including, but not limited to (a) Plaintiffs [sic] Unopposed Motion To Continue Trial Presently Set To Commence on April 7,2013 and To Modify the Scheduling Order To Reset Deadlines [# 62 ]; (b) RBR Construction, Inc.'s Motion for Forthwith Ruling on Unopposed Motion To Continue Trial [# 64 ]; and (c) Plaintiffs'Motion for Leave To Extend the Page Limit ation for Their Motion for Summary Judgment and Request for Expedited Briefing Schedule on this Motion [# 76 ] are DENIED AS MOOT. All pretrial deadlines, the Trial Preparation Conference set 3/21/2014, at 2:30 p.m., and the jury trial set to commence 4/7/2014, are VACATED. This action is CLOSED ADMINISTRATIVELY. By Judge Robert E. Blackburn on 12/11/2013.(klyon, )
September 18, 2013 Opinion or Order Filing 59 ORDER denying 45 Motion to Stay Declaratory Action. By Magistrate Judge Boyd N. Boland on 9/18/2013.(klyon, )
August 1, 2013 Opinion or Order Filing 42 MINUTE ORDER granting 40 ORIC's Unopposed Motion for Leave to FileAmended Pleadings. By Magistrate Judge Boyd N. Boland on 8/1/2013.(klyon, )
June 18, 2013 Opinion or Order Filing 31 TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 3/14/2014. Final Pretrial Conference and Trial Preparation Conference are set for 3/21/2014 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Eight (8) day Jury Trial set for 4/7/2014 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 6/18/13. (rebsec, )
March 7, 2013 Opinion or Order Filing 5 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE AND RULE 26(f) PLANNING MEETING. Scheduling Conference set for 4/29/2013 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. The parties shall submit a proposed scheduling order on or before 4/22/13. By Magistrate Judge Boyd N. Boland on 3/7/13. (kfinn, )
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Search for this case: Phoenix Insurance Company, The et al v. Cantex, Inc. et al
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Plaintiff: Phoenix Insurance Company, The
Represented By: Nancy L. Pearl
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Plaintiff: Travelers Indemnity Company, The
Represented By: Nancy L. Pearl
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Plaintiff: Travelers Property Casualty Company of America
Represented By: Nancy L. Pearl
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Defendant: Cantex, Inc.
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Defendant: Concrete Management Corp.
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Defendant: Landmark American Insurance Company
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Defendant: Old Republic Insurance Company
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Defendant: RBR Construction, Inc.
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