Leoff v. S and J Land Company et al

Filing 87

ORDER Denying 71 Motion to Approve Sale and granting 83 Motion to Strike Sur-Reply 82 , signed by Judge Richard P. Matsch on 11/20/2009.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-02112-RPM RICHARD (Chance) LEOFF, Plaintiff, v. S AND J LAND COMPANY, a Colorado Limited Liability Company, and ALPINE BANK, a Colorado Banking Corporation, Defendants. ____________________________________________________________________________ ORDER DENYING MOTION TO APPROVE SALE DESPITE LIS PENDENS ____________________________________________________________________________ On October 1, 2009, the defendant S and J Land Company, LLC, filed a motion for approval of a proposed sale of the real property which is the asset of what is now an acknowledged partnership. The plaintiff filed a response on October 22, 2009, and the defendant filed a reply on November 6, 2009. On those pleadings and without regard to the plaintiff's "sur-reply," which is stricken, it is apparent that the proposed sale is a transaction which would benefit Steven Finger, a principal in S and J Land Company and XYZ Subdivision Land Company and may be prejudicial to the interests of the plaintiff. It is ORDERED that the motion to approve sale is denied and the motion to strike sur-reply is granted.

Dated: November 20th, 2009
BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge