Trust Industrial Bank et al v. Guggenheimer et al

Filing 48

ORDER granting 46 Motion to Vacate Stay ; granting 46 Motion for Leave to Amend Complaint,and 46 Motion for Hearing/Conference. The stay in this matter is vacated, Plaintiffs tendered Amended Complaint for Declaratory Judgment and to Stay Class Arbitration leave to file the Amended Complaint [46-1] is accepted for filing as of the date of this Order by Magistrate Judge Craig B. Shaffer on 9/24/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01658-CMA-CBS TRUST INDUSTRIAL BANK, d/b/a FISERV INVESTMENT SUPPORT SERVICES, and NTC & CO., Plaintiffs v. RICHARD A. GUGGENHEIMER, CATHLEEN A. LIEBERMAN, and NORMA SHAPIRO, Defendants. ORDER VACATING STAY, GRANTING LEAVE TO FILE AMENDED COMPLAINT, AND SETTING BRIEFING SCHEDULE THIS MATTER is before the Court on Plaintiffs' Unopposed Motion to Vacate Stay, for Leave to Amend Complaint, and to Set Briefing Schedule (doc. # 46). The Court having considered the matter and finding good cause, IT IS HEREBY ORDERED that the Unopposed Motion is GRANTED. The stay in this matter is vacated, Plaintiffs' tendered "Amended Complaint for Declaratory Judgment and to Stay Class Arbitration leave to file the Amended Complaint" (doc. # 46-1) is accepted for filing as of the date of this Order, and Plaintiffs' shall file a summary judgment motion on the StoltNielsen issue within 20 days after this Order is entered, with Defendants' opposition brief due 20 days after service of the motion, and Plaintiffs' reply brief due 14 days after the opposition is served.

DATED at Denver, Colorado, this 24th day of September, 2010.

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