Stewart Title Guaranty Company v. Dude et al

Filing 185

ORDER Denying Motion to Sever re: 182 Response to 177 Order to Show Cause, signed by Judge Richard P. Matsch on 7/6/2011. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-02299-RPM
STEWART TITLE GUARANTY COMPANY, a Texas corporation,
Plaintiff,
v.
HARALD DUDE, individually and as general partner of DEE INVESTMENTS LIMITED
PARTNERSHIP, Nevada limited partnership,
DENISE ROBERTS, individually and as general partner of DEE INVESTMENTS LIMITED
PARTNERSHIP, Nevada limited partnership, and
DEE INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership
Defendants,

DEE INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership,
Third-Party Plaintiff,
v.
STEWART TITLE OF COLORADO, INC., a Colorado corporation;
WEAVER & MITCHELL, INC., a Colorado registered trade name; and
DAVID LESTER, an individual,
Third-Party Defendants.
_______________________________________________________________________________________
ORDER DENYING MOTION TO SEVER
____________________________________________________________________________________
In its response to the Order to Show Cause of June 24, 2011, filed July 5, 2011, the plaintiff
requests a severance of the claims against Denise Roberts and a grant of fourteen days to remove its
claims against Ms. Roberts to the Bankruptcy Court. The motion is procedurally inappropriate. The
plaintiff may proceed forthwith to file its claim in the bankruptcy proceedings and after filing move to
dismiss, without prejudice, the claims made against Denise Roberts in this case. Accordingly it is
ORDERED that the request for severance is denied.
DATED: July 6th , 2011
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge