Cook et al v. First Citizens Bank & Trust Company et al
Filing
21
ORDER re 10 , 14 , 19 and 20 : 1. First-Citizens Bank & Trust Company is substituted for United Western Bank as a defendant. 2. The defendants' motion to lift stay of proceedings as ordered by this Court's order of February 18, 2011, is granted. 3. The motion to withdraw the motion to dismiss first amended complaint, filed by United Western Bank and the individual defendants on January 13, 2011, 10 is withdrawn. 4. The revised motion to dismiss first amended complaint or in the alternative motion for summary judgment, tendered on March 30, 2011, as Doc. 20-1 is ordered filed as a motion for summary judgment pursuant to Fed.R.Civ.P. 56. Signed by Judge Richard P. Matsch on 4/1/2011.(rpmcd)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 11-cv-00041-RPM JON C. COOK, and THE LUMBERYARDS DEVELOPMENT, L.L.C., Plaintiffs, v. FIRST-CITIZENS BANK & TRUST COMPANY, GARY G. PETAK, BRET R. DUSTON, and ANTHONY C. CODORI, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________
Pursuant to the motions filed on March 30, 2011, by First-Citizens Bank & Trust Company and the individual defendants, it is ORDERED AS FOLLOWS: 1. First-Citizens Bank & Trust Company is substituted for United Western Bank as a defendant. 2. The defendants' motion to lift stay of proceedings as ordered by this Court's order of February 18, 2011, is granted. 3. The motion to withdraw the motion to dismiss first amended complaint, filed by United Western Bank and the individual defendants on January 13, 2011, [10] is withdrawn. 4. The revised motion to dismiss first amended complaint or in the alternative motion for summary judgment, tendered on March 30, 2011, as Doc. 20-1 is ordered filed as a motion for summary judgment pursuant to Fed.R.Civ.P. 56.
DATED: April 1st, 2011 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge
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