AMERICAN GENERAL LIFE INSURANCE COMPANY v. HENTHORN, 15-cv-00108-MSK-NYW. (2015)
Court: District Court, D. Colorado
Number: infdco20151015908
Visitors: 3
Filed: Oct. 14, 2015
Latest Update: Oct. 14, 2015
Summary: ORDER NINA Y. WANG , Magistrate Judge . This matter comes before the court on the Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) or Alternatively, for Return of This Matter to the Docket of Judge R. Brooke Jackson, by Barbara E. Cashman, Guardian Ad Litem for H.N.H., Proposed Intervenor-Defendant ("Cashman Motion to Dismiss") [#74] filed on August 4, 2015. This motion was referred to the undersigned Magistrate Judge pursuant to the Order of
Summary: ORDER NINA Y. WANG , Magistrate Judge . This matter comes before the court on the Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) or Alternatively, for Return of This Matter to the Docket of Judge R. Brooke Jackson, by Barbara E. Cashman, Guardian Ad Litem for H.N.H., Proposed Intervenor-Defendant ("Cashman Motion to Dismiss") [#74] filed on August 4, 2015. This motion was referred to the undersigned Magistrate Judge pursuant to the Order of R..
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ORDER
NINA Y. WANG, Magistrate Judge.
This matter comes before the court on the Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) or Alternatively, for Return of This Matter to the Docket of Judge R. Brooke Jackson, by Barbara E. Cashman, Guardian Ad Litem for H.N.H., Proposed Intervenor-Defendant ("Cashman Motion to Dismiss") [#74] filed on August 4, 2015. This motion was referred to the undersigned Magistrate Judge pursuant to the Order of Reference dated April 27, 2015 [#45] and the Memorandum dated September 1, 2015 [#80].
Chief Judge Krieger denied Ms. Cashman's Motion to Intervene [#12] by Opinion and Order dated September 23, 2015. [#82]. Thus, Ms. Cashman was not a party to this action when she filed the Cashman Motion to Dismiss and is not now a party to this action; accordingly, she had and currently has no standing to file any motion, including the pending Cashman Motion to Dismiss. See UFCW Local 880-Retail Food Emp'rs Joint Pension Fund v. Newmont Mining Corp., Civil Action Nos. 05-cv-01046-MSK-BNB, 05-cv-01100-MSK-CBS, 05-cv-01141-MSK-BNB, 2007 WL 2871013, *4 (D. Colo. Sept. 26, 2007).
IT IS ORDERED that:
(1) The Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) or Alternatively, for Return of This Matter to the Docket of Judge R. Brooke Jackson, by Barbara E. Cashman, Guardian Ad Litem for H.N.H., Proposed Intervenor-Defendant [#74] is STRICKEN.
Source: Leagle
