Security Service Federal Credit Union v. First American Mortgage Funding, LLC et al

Filing 202

MINUTE ORDER STRIKING 184 Third-Party Defendant Erwin Schmerlings Combined Motion to Dismiss for Lack of Personal Jurisdiction, for Failure to State a Claim upon Which Relief Can Be Granted and for Failure to Plead Fraud with Particularity or, in the Alternative, to Sever and Stay Third-Party Claims; In light of the foregoing, the exhibits to the Motion 185 thru 196 , filed July 27, 2009, are STRICKEN with leave to refile not later than Tuesday, August 4, 2009. granting [199 ] Motion to Seal The exhibits to the Motion 185 thru 196 , filed July 27, 2009, are hereby sealed until further order of theCourt. by Chief Judge Wiley Y. Daniel on 7/28/09.(erv, ) (Modified on 8/3/2009 added the word Minute to the title of the text)(erv, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00955-WYD-CBS SECURITY SERVICE FEDERAL CREDIT UNION, Plaintiff, v. FIRST AMERICAN MORTGAGE FUNDING, LLC, et al. Defendants. FIRST AMERICAN MORTGAGE FUNDING, LLC, Third-Party Plaintiff, v. STEWART TITLE OF CALIFORNIA, INC., et al. Third-Party Defendants. FIRST AMERICAN MORTGAGE FUNDING, LLC, et al. Cross-claim Plaintiffs, v. FIRST AMERICAN MORTGAGE, INC., et al. Cross-claim Defendants. FIRST AMERICAN MORTGAGE FUNDING, LLC, et al. Counterclaim Plaintiffs, v. SECURITY SERVICE FEDERAL CREDIT UNION, Counterclaim Defendant. MINUTE ORDER ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL "Third-Party Defendant Erwin Schmerling's Combined Motion to Dismiss for Lack of Personal Jurisdiction, for Failure to State a Claim upon Which Relief Can Be Granted and for Failure to Plead Fraud with Particularity or, in the Alternative, to Sever and Stay Third-Party Claims" [doc. #184], filed July 27, 2009, is STRICKEN with leave to refile in compliance with my practice standards not later than Tuesday, August 4, 2009. Section II.E.1 provides that the text of opening briefs shall not exceed fifteen (15) pages in length. Furthermore, Section III.A.2 provides that where matters outside the pleadings are presented with a motion to dismiss, the motion shall include a brief statement addressing whether the motion should be converted to a motion for summary judgment. Third-Party Defendant Schmerling is reminded that the Court cannot consider matters outside the pleadings in conjunction with a motion to dismiss pursuant to Rule 12(b)(6). In light of the foregoing, the exhibits to the Motion [doc. ##185-196], filed July 27, 2009, are STRICKEN with leave to refile not later than Tuesday, August 4, 2009. Third-Party Defendant Schmerling is encouraged to file his exhibits together and to contact the clerk's office for assistance with filing. Finally, the Motion to Seal Exhibits to Third-Party Defendant Erwin Schmerling's Motion to Dismiss [doc. #199], filed July 27, 2009, is GRANTED. The exhibits to the Motion [doc. ##185-196], filed July 27, 2009, are hereby sealed until further order of the Court. Dated: July 28, 2009 -2-

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