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

Filing 725

ORDER. Order granting 723 Motion to Amend or Correct the Court's Order, 721 . The court will no longer entertain letters e-mailed to chambers. All relief sought from the court must be presented in the form of a motion served on all parties or their counsel by Magistrate Judge Craig B. Shaffer on 11/21/11.(jjh, )

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, et al.
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.
KENNETH E. NORTH, et al.,
Cross-Claim Defendants.
_____________________________________________________________________
FIRST AMERICAN MORTGAGE FUNDING, LLC., et al.,
Counterclaim Plaintiffs,
v.
SECURITY SERVICE FEDERAL CREDIT UNION,
Counterclaim Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
Magistrate Judge Craig B. Shaffer
This civil action comes before the court on: (1) “Plaintiff Security Service Federal
Credit Union’s Unopposed Motion to Amend or Correct the Court’s Order, Dated
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November 9, 2011 (DOC. NO. 721)” (filed November 18, 2011) (Doc. # 723); and (2) a
letter e-mailed to Judge Shaffer’s chambers on November 18, 2011 requesting that the
court correct its November 9, 2011 order to reflect that Defendant and Third Party
Defendant Orange Coast Title Company of Southern California filed a pending motion
entitled “Defendant and Third-Party Defendant Orange Coast Title Company of
Southern California’s Motion on Choice of Law.” Pursuant to the Order of Reference
dated May 23, 2008 (Doc. # 5) and the memorandum dated November 18, 2011 (Doc.
# 724), these matter are referred to the Magistrate Judge. The court having reviewed
the matters and the entire case file and being sufficiently advised in the premises, IT IS
ORDERED that:
1.

“Plaintiff Security Service Federal Credit Union’s Unopposed Motion to

Amend or Correct the Court’s Order, Dated November 9, 2011 (DOC. NO. 721)” (filed
November 18, 2011) (Doc. # 723) is GRANTED. The court acknowledges that, contrary
to the statement in the court’s November 9, 2011 Order, the parties do in fact dispute
whether state law applicable to the rule of decision also determines the applicable law
of privilege.
2.

The court further acknowledges that Defendant and Third Party

Defendant Orange Coast Title Company of Southern California filed a motion entitled
“Defendant and Third-Party Defendant Orange Coast Title Company of Southern
California’s Motion on Choice of Law” and docketed as “Motion for Hearing/Conference
re Choice of Law” (Doc. # 690) that is pending before District Judge Daniel.
3.

In the future, the court will no longer entertain letters e-mailed to

chambers. All relief sought from the court must be presented in the form of a motion
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served on all parties or their counsel.

DATED at Denver, Colorado, this 21st day of November, 2011.

BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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