Sigler v. Chase Manhattan Bank et al

Filing 38

ORDER. The recommendations of the Magistrate Judge issued and served on 9/22/2011 32 33 , and 35 are accepted as follows: Defendants Motion to Dismiss Plaintiffs Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) 14 is GRANTED IN PART and DENIED IN PART. Plaintiffs Motion for Default Judgment Pursuant to Fed.R.Civ.P. 12(a)(1)(A)(ii) 20 is DENIED. By Judge Lewis T. Babcock on 10/12/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE
Civil Action No. 10-cv-01794-LTB-BNB
CURT ALLEN SIGLER,
Plaintiff,
v.
JANE OR JOHN DOE #1, an unidentified teller at an unknown branch of Chase Bank in
Colorado,
JANE OR JOHN DOE #2, an unidentified supervisor or branch manager at an unknown
branch of Chase Bank in Colorado,
JP MORGAN CHASE BANK NA,
THE CORPORATION COMPANY, and
JAMES DIMON,
Defendants.
________________________________________________________________________
ORDER
________________________________________________________________________

This case is before me on the recommendations of the Magistrate Judge issued and
served on September 22, 2011 (Docs 32, 33 and 35). Plaintiff has failed to file specific
written objections to the Magistrate Judge’s recommendation and is therefore barred from
de novo review. Accordingly, it is
ORDERED that the recommendations are accepted as follows:
1.

Defendants’ Motion to Dismiss Plaintiff’s Complaint Pursuant to Fed.R.Civ.P.
12(b)(6) (Doc 14) is GRANTED IN PART and DENIED IN PART as follows:
a.

GRANTED to the extent it seeks dismissal of the Plaintiff’s claim
under the UCC as against the Doe defendants; and DENIED insofar

as it seeks dismissal of the UCC claim as against JP Morgan Chase;
b.

GRANTED insofar as it seeks dismissal of the Plaintiff’s negligence
claims; and

c.

GRANTED to the extent it seeks dismissal of The Corporation
Company.

2.

Plaintiff’s Motion for Default Judgment Pursuant to Fed.R.Civ.P.
12(a)(1)(A)(ii) (Doc 20) is DENIED.

BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge

DATED:

October 12, 2011