Nodland et al v. Murphy et al

Filing 8

MINUTE ORDER denying without prejudice 5 Motion to Dismiss entered by Chief Judge Wiley Y. Daniel on 9/1/11. (wydcd, rrk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 11-cv-02258-WYD-MEH PAMELA D. NODLAND and CHRISTIAN S. NODLAND, Plaintiffs, v. ROSEMARY M. MURPHY, as Public Trustee of Montrose County, Colorado; WELLS FARGO HOME MORTGAGE, INC., a California Corporation; THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO J.P. MORGAN CHASE BANK N.A. AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE BACKED SECURITIES TRUST 2003-29, a Delaware corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation; CAPITAL ONE BANK, a national banking institution; and INTERNAL REVENUE SERVICE OF THE UNITED STATES OF AMERICA Defendants. MINUTE ORDER ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL This matter was assigned to me after a removal from the state court on August 26, 2011. A motion to dismiss, dated February 24, 2011, accompanied the removal. After carefully reviewing the file in this matter, I find that many months have passed and various procedural events have occurred since the motion to dismiss was drafted. Thus, the motion to dismiss (ECF No. 5) is DENIED WITHOUT PREJUDICE. Additionally, all parties are ordered to review and comply with all directives contained in both this Court’s Local Rules and My Practice Standards for all future filings and proceedings. Dated: September 1, 2011.

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