Brownstein Hyatt Farber Schreck, LLP v. Hypo Real Estate Capital Corporation

Filing 43

ORDER Denying 17 Motion to Dismiss: the defendant will answer the 5 Amended Complaint on or before February 27, 2014, by Judge Richard P. Matsch on 2/4/2014.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-002241 RPM BROWNSTEIN HYATT FARBER SCHRECK, LLP, a Colorado limited liability partnership Plaintiff, v. HYPO REAL ESTATE CAPITAL CORPORATION, a Delaware corporation. Defendant. _________________________________________________________________________ ORDER DENYING MOTION TO DISMISS _________________________________________________________________________ This civil action was initiated by a complaint filed on August 23, 2012. A first amended complaint was filed on August 31, 2012 [Doc. 5]. On November 12, 2012, the defendant filed a motion to dismiss the amended complaint [Doc. 17]. Repeated requests for extension of time to respond to that motion to dismiss were granted on representation that settlement negotiations were taking place. On July 31, 2013, the plaintiff filed a response to the motion to dismiss [Doc. 32]. The defendant was granted extensions of time to file a reply, again on representation that settlement negotiations were proceeding. The last date for the defendant to file a reply was January 15, 2014, and none has been filed. Upon review of the amended complaint and the motion to dismiss, it is ORDERED that the motion to dismiss is denied and the defendant will answer the amended complaint on or before February 27, 2014. DATED this 4th day of February, 2014. BY THE COURT: s/Richard P. Matsch _______________________________ Richard P. Matsch, Senior District Judge

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