Baldukas v. 36k, LLC

Filing 21

ORDER: Motion to Quash Service of Process 11 is GRANTED. Affidavit of Service 9 is QUASHED. Motion Hearing set for 7/31/12 at 1:30 p.m. is VACATED. by Magistrate Judge Boyd N. Boland on 7/25/12.(bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 12-cv-00772-RPM-BNB DANA BALDUKAS, Plaintiff, v. 36k, LLC, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the defendant’s Motion To Quash Service of Process [Doc. # 11, filed 6/24/2012] (the “Motion”). The plaintiff has responded to the Motion, stating that she “does not object to Defendant’s motion and will attempt to re-serve Defendant with the Summons and Complaint.” Response [Doc. # 18] at ¶6. In addition, the plaintiff has filed a supplemental Affidavit of Service indicating that the defendant was re-served on July 18, 2012. Affidavit of Service [Doc. # 20]. IT IS ORDERED: (1) The Motion [Doc. # 11] is GRANTED. The service on June 5, 2012, evidenced by the Affidavit of Service [Doc. # 9] is QUASHED; and (2) The hearing on the Motion set for July 31, 2012, at 1:30 p.m., is VACATED. Dated July 25, 2012. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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