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- cod;;1:17-cv-02756_de46 RegisterActionDate "2018-12-13" @default.
- cod;;1:17-cv-02756_de46 RegisterActionDescriptionText "ORDER This matter is before the Court on 46 Plaintiff's Response to 43 Defendant's Motion for Partial Summary Judgment. Plaintiff's operative complaint [#4] asserts claims for (1) negligence, (2) breach of contract, (3) bad faith breach of insurance contract, and (4) statutory bad faith. On November 2, 2018, Defendant filed its Motion for Partial Summary Judgment, which seeks judgment as a matter of law on Plaintiff's statutory and common law bad faith claims. [#43 at 22] Plaintiff failed to timely respond to the Motion for Partial Summary Judgment, but, today, filed an untimely response, which states that Plaintiff "agrees to withdraw her statutory and common law bad faith claims." [#46] The Court understands Plaintiff--through the response--to seek the voluntary dismissal of Plaintiff's statutory and common law bad faith claims pursuant to Fed. R. Civ. P. 41(a)(2). In the interest of conserving the Court's and parties' time and resources, the Court will consider Plaintiff's request despite its tardiness and her failure to comply with D.C.COLO.LCivR 7.1(d), which states that "[a] motion shall not be included in a response or reply to the original motion." Because both parties agree that the statutory and common law bad faith claims should be dismissed, Plaintiff's request is granted and Plaintiff's Third Claim for Relief for Bad Faith Breach of Insurance Contract and Fourth Claim for Relief for Statutory Bad Faith are hereby DISMISSED. Accordingly, Defendant's Motion for Partial Summary Judgment is DENIED AS MOOT. Plaintiff is cautioned that future failures to comply with Court-ordered deadlines and the Rules of this Court may result in filings being summarily stricken. SO ORDERED, By Magistrate Judge Scott T. Varholak on 12/13/2018. Text Only Entry (stvlc1, ) (Entered: 12/13/2018)" @default.
- cod;;1:17-cv-02756_de46 AdministrativeID "47" @default.
- cod;;1:17-cv-02756_de46 OntologyLabel order @default.
- cod;;1:17-cv-02756_de46 hasReferenceToOtherEntry cod;;1:17-cv-02756_de42 @default.
- cod;;1:17-cv-02756_de46 hasReferenceToOtherEntry cod;;1:17-cv-02756_de45 @default.