Rich et al v. National City Mortgage Company

Filing 21

Minute Entry for Motion Hearing held before Judge Marcia S. Krieger on 8/18/10. 3 Motion for Preliminary Injunction is DENIED. Defendants oral motion for issuance of an Order to Show Cause is GRANTED. Plaintiffs will have 14 days from todays date (9/1/2010) in which to show cause in writing why this action should not be dismissed. Failure to respond to this Order or to seek an extension to respond may result in dismissal of this action. Defendants oral motion for extension of time to answer the Complaint is GRANTED. National City Mortgage Company answer due on or before 9/15/2010. (Court Reporter Paul Zuckerman) (mskcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: August 18, 2010

Civil Action No. 10-cv-01505-MSK-MJW P a r t i e s: BARRY RICH, and DEBORA RICH, Plaintiffs, v. NATIONAL CITY MORTGAGE COMPANY, Defendant. COURTROOM MINUTES HEARING: 4:08 p.m. Law and Motion Court in session. Katherine White Patrick Pugh Counsel Appearing:

The plaintiffs are not present. Statement from counsel Pugh regarding the status of the property in question. Oral findings are made of record and incorporated herein. ORDER: Petition (Motion) for Restraining Order (Doc. #3) is DENIED in light of plaintiffs' failure to appear today.

Defendant orally moves for issuance of an Order to Show Cause why this case should not be dismissed for failure to prosecute and for failure to appear at today's hearing.

Courtroom Minutes Judge Marcia S. Krieger Page 2 ORDER: Defendant's oral motion for issuance of an Order to Show Cause is GRANTED. Plaintiff's will have 14 days from today's date in which to show cause in writing why this action should not be dismissed. Failure to respond to this Order or to seek an extension to respond may result in dismissal of this action.

Defendant orally moves for an extension of time to respond to the Complaint which is current due on August 20, 2010. ORDER: 4:16 p.m. Defendant's oral motion for extension of time to answer the Complaint is GRANTED. The response will be due on or before September 15, 2010. Court in recess.

Total Time: 8 minutes. Hearing concluded.