Cascade Fund, LLLP, The v. Absolute Capital Management Holdings Limited et al

Filing 47

ORDER OF OPPORTUNITY TO HAVE DISPOSITIVE MOTIONS REFERRED TO MAGISTRATE JUDGE: Should the parties desire to have the pending dispositive motion and the Amended Motion to Dismiss at docket entry #46 referred to a magistrate judge for final determination, they shall file a unanimous consent by all parties with ten days of the date of this Order, failing which the motion (and its Amendment at (#46) shall be determined by the undersigned. by Judge Marcia S. Krieger on 4/9/09. (msksec, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-01381-MSK-CBS THE CASCADE FUND, LLP, on behalf of itself and a class of similarly situated persons, Plaintiff, v. ABSOLUTE CAPITAL MANAGEMENT HOLDINGS LIMITED, ABSOLUTE GENERAL PARTNER LIMITED, FLORIAN HOMM, SEAN EWING, JOHN A. FLEMING, RONALD E.TOMPKINS, and ULLRICH ANGERSBACH, Defendants. ORDER OF OPPORTUNITY TO HAVE DISPOSITIVE MOTIONS REFERRED TO MAGISTRATE JUDGE THIS MATTER comes before the Court sua sponte. The Court FINDS that the following dispositive motion (#26) has been pending in this matter for six months or longer and due to press of criminal cases may not be determined in as expedited a manner as the undersigned would like. Pursuant to 28 U.S.C. § 636(c)(1), FED. R. CIV. P. 72(b) and D.C.COLO.LCivR 72.3(A), (B) and (D), parties may consent to final determination of the motion by a magistrate judge, selected by random draw. IT IS THEREFORE ORDERED that should the parties desire to have the pending dispositive motion and the Amended Motion to Dismiss at docket entry #46 referred to a magistrate judge for final determination, they shall file a unanimous consent by all parties within

ten days of the date of this Order, failing which the motion (and its Amendment at #46) shall be determined by the undersigned. DATED this 9th day of April, 2009. BY THE COURT:

Marcia S. Krieger United States District Judge