Receivership Estate of Indian Motorcycle Manufacturing, Inc.

Filing 2765

ORDER. The Order To Show Cause 2312 , issued 07/13/2006, is MADE ABSOLUTE; and the proposed Amended Complaint 2306 , tendered 07/10/2006, is STRICKEN. Signed by Judge Robert E. Blackburn on 01/28/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 95-cv-00777-REB-CBS In re: Receivership Estate of INDIAN MOTORCYCLE MANUFACTURING, INC., a New Mexico corporation, ORDER MAKING ABSOLUTE ORDER TO SHOW CAUSE Blackburn, J.

The matter before me is the Receiver's Response to Order To Show Cause [#2328], filed July 24, 2006. The Receiver was ordered to show cause why his proposed Amended Complaint [#2306], tendered July 10, 2006, should not be stricken. (Order To Show Cause [#2312], entered July 13, 2006.) Therein, I believe I made plain my principal concern with the filing of the amended complaint: "It is unclear by what authority the Receiver believes it is entitled to file an amended complaint at this extremely late date without first obtaining leave of court." Id. (emphasis added). Despite filing a 27 page response, the Receiver never squarely addressed this issue.1 Nor has the Receiver ever sought leave of court to file such an amended complaint in the two and one-half years that have elapsed since the show cause order was issued.2 This court has never considered the proposed Amended Complaint, or its concomitant claims for relief, to be properly filed in this case, or in any way operative or

Moreover, it is apparent from its more recent filings that the Receiver plainly understood the court's concerns. See Reply in Support of Motion To Terminate Receivership at 2 n.2 [#2726], filed December 22, 2008 ("The receiver believed it was entitled to file a First Amended Complaint as a matter of right[.]") In fact, that Receiver admits that it "had, quite frankly, forgotten all about" the Amended Complaint. (Reply in Support of Motion To Terminate Receivership at 2 n.2 [#2726], filed December 22, 2008.)
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effective. Accordingly, the extant order to show cause should be made absolute. THEREFORE, IT IS ORDERED as follows: 1. That my Order To Show Cause [#2312], issued July 13, 2006, is MADE ABSOLUTE; and 2. That the proposed Amended Complaint [#2306], tendered July 10, 2006, is STRICKEN. Dated January 28, 2009, at Denver, Colorado. BY THE COURT:

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