Motion-Secondary: James Kesterson vs Progressive Casualty Insurance Company et al

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                                DATE FILED: March 6, 2023 4:06 PM
 DISTRICT COURT, COUNTY OF EL PASO, STATE                     FILING ID: 1240F6ED49ABF
 OF COLORADO                                                  CASE NUMBER: 2023CV30098

 270 S. Tejon Street
 Colorado Springs, Colorado 80903
 Plaintiff:

 JAMES KESTERSON

 v.

 Defendant:

 PROGRESSIVE CASUALTY INSURANCE
 COMPANY; UNITED FINANCIAL CASUALTY
 COMPANY; and SHAVON MOORE                                       COURT USE ONLY 


                                                            Case No.: 2023CV30098

                                                            Div.: 14

              [proposed] ORDER RE: DEFENDANT’S MOTION TO STRIKE

       THIS COURT, having reviewed DEFENDANTS’ MOTION TO STRIKE certain
paragraphs of Plaintiff’s Complaint, and being fully advised in the premises, FINDS good cause
has been shown therefor;

        IT IS THEREFORE ORDERED Defendant’s Motion to Strike is GRANTED and
paragraphs 17, 20, 25, 26, 27, 46, 53, 54, and 55 of Plaintiff’s Complaint are hereby stricken
pursuant to C.R.C.P. 12(f) on grounds they contain inadmissible allegations that are irrelevant to
the claims asserted per C.R.E. 401 and 408, and thus, are impermissibly included in Plaintiff’s
pleading.

        Further, Defendant is GRANTED an additional fourteen (14) days from the date of this
Order in which to file its answer or other responsive pleading to the unstricken paragraphs of
Plaintiff’s Complaint.




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DATED this _______ day of _________________, 2023.

                                BY THE COURT


                                District Court Judge




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