Triad Bank v. Colorado Capital Bank

Filing 71

ORDER by Magistrate Judge Boyd N. Boland on 2/19/14. Further scheduling of the case is postponed pending my recommendation on the Motion to Dismiss; and The plaintiff may file, on or before March 1, 2014, a sur-reply to the Motion to Dismiss. (Simmons, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-01220-RM-BNB
TRIAD BANK, a Missouri chartered bank,
Plaintiff,
v.
FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina chartered commercial bank,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
The parties appeared this morning for a status conference.
The plaintiff was allowed to file a Second Amended Complaint [Doc. # 57] on November
4, 2014. The defendant has responded by filing a Motion to Dismiss [Doc. # 65, filed
12/20/2013] challenging the subject matter jurisdiction of the court. As discussed at the status
conference this morning, the parties agree that any discovery required as a result of the Second
Amended Complaint should await at least my recommendation on the Motion to Dismiss. Also
in connection with the Motion to Dismiss, the plaintiff requested an opportunity to file a surreply in view of Affidavit of Peter D. Lindquist [Doc. # 69-1] submitted with the defendant’s
reply brief.
IT IS ORDERED:
(1)

Further scheduling of the case is postponed pending my recommendation on the

Motion to Dismiss; and
(2)

The plaintiff may file, on or before March 1, 2014, a sur-reply to the Motion to

Dismiss.
Dated February 19, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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