Commonwealth Property Advocates, LLC v. U.S. Bank National Association et al

Filing 13

ORDER denying 11 Plaintiff's Motion to Stay by Chief Judge Wiley Y. Daniel on 4/16/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 10-cv-00657-WYD-KMT COMMONWEALTH PROPERTY ADVOCATES, LLC, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RFMSI 2007S6, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and JOHN DOES OF UNKNOWN NUMBER, Defendants. ORDER This Matter is before the Court on Plaintiff's Motion to Stay and Memorandum in Support of Motion to Stay, filed April 15, 2010 [#'s 11 & 12]. In the motion, Plaintiff requests that I stay "forthwith actions to dispose of the realty the subject hereof." Presumably, Plaintiff is referring to foreclosure proceedings involving property located in Douglas County, Colorado, as set forth in his Complaint. A motion to stay is not the proper vehicle to preserve the status quo pending a final determination on the parties' rights. Moreover, Plaintiff's motion does not state the current status of any foreclosure proceedings and contains no legal authority that would permit this Court to "stay" the foreclosure proceedings in Douglas County. Therefore, it is hereby ORDERED that Plaintiff's Motion to Stay, filed April 15, 2010 [#11] is DENIED.

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Dated: April 16, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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