Burris et al v. US Bank National Association et al

Filing 79

ORDER That all pending motions, including the motions docketed as 36 , 37 , 46 , 62 , 69 , 71 , and 75 , are DENIED as moot; That the Recommendation of United States Magistrate Judge 64 filed January 30, 2012, is APPROVED and ADOPTED as a n order of this court; That the Trial Preparation Conference set for March 23, 2012, and the trial set to begin on March 26, 2012, are VACATED; and That this case shall remain open pending the filing of settlement documents by the parties and further orders of this court, by Judge Robert E. Blackburn on 3/19/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-00670-REB-MEH
MARK BURRIS, and
LORI BURRIS,
Plaintiffs,
v.
US BANK NATIONAL ASSOCIATION, as Trustee for the BS ALTA 2006-3,
GMAC BANK, and
JOHN AND JANE DOE, unknown owners of securitized note,
Defendants.

ORDER
Blackburn, J.
This matter is before the court on the Recommendation of United States
Magistrate Judge [#64]1 filed January 30, 2012. The magistrate judge recommends
that the Trial Preparation Conference and the trial currently set in this case be vacated
and, if necessary, re-set. Because no objections to the recommendation have been
filed, I review it only for plain error. See Morales-Fernandez v. Immigration &
Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding no error, much
less plain error, in the magistrate judge’s recommendation, I find and conclude that the
recommendation should be approved and adopted as an order of this court.
1

“[#64]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

This morning the United States Magistrate Judge assigned to this case reported
that the parties have reached a settlement of this matter. In light of the settlement, I
deny as moot the motions currently pending in this case, and I vacate the Trial
Preparation Conference and trial currently set in this case. This case shall remain
open, pending the filing of documents consummating the settlement of this case.
THEREFORE, IT IS ORDERED as follows:
1. That all pending motions, including the motions docketed as [#36, #37, #46,
#62, #69, #71, and #75], are DENIED as moot;
2. That the Recommendation of United States Magistrate Judge [#64] filed
January 30, 2012, is APPROVED and ADOPTED as an order of this court;
3. That the Trial Preparation Conference set for March 23, 2012, and the trial set
to begin on March 26, 2012, are VACATED; and
4. That this case shall remain open pending the filing of settlement documents
by the parties and further orders of this court.
Dated March 19, 2012, at Denver, Colorado.
BY THE COURT:

2