Pioneer Centres Holding Company Employee Stock Ownership Plan and Trust, The v. Alerus Financial, N.A. et al
Filing
122
ORDER adopting Report and Recommendations of Magistrate Judge (ECF No. 91 ). It is ORDERED the Recommendation (ECF No. 91 ) that the Plaintiffs' Motion to Amend (ECF No. 65 ) be denied to the extent it seeks to add a prayer for exemplary damages is ADOPTED and made an order of this Court. By Judge Raymond P. Moore on 05/30/13. (alvsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 12-cv-02547-RM-BNB
THE PIONEER CENTRES HOLDING COMPANY EMPLOYEE STOCK OWNERSHIP PLAN
AND TRUST AND ITS TRUSTEES, MATTHEW BREWER, ROBERT JENSEN AND SUSAN
DUKES,
Plaintiffs,
v.
ALERUS FINANCIAL, N.A., and
BERENBAUM WEINSHIENK, P.C.,
Defendants,
______________________________________________________________________________
ALERUS FINANCIAL, N.A.,
Third-Party Plaintiff and Counterclaim Plaintiff,
v.
MATTHEW BREWER, ROBERT JENSEN, SUSAN DUKES,
PIONEER CENTRES HOLDING COMPANY, and RICHARD EASON,
Third-Party Defendants and Counterclaim Defendants.
______________________________________________________________________________
ORDER
ADOPTING APRIL 9, 2013 RECOMMENDATION
OF MAGISTRATE JUDGE (ECF No. 91)
______________________________________________________________________________
THIS MATTER comes before the Court on the April 9, 2013 Recommendation of United
States Magistrate Judge and Order (“Recommendation”) (ECF No. 91) that the Plaintiffs’ Motion
to Amend and Join (“Motion to Amend”) (ECF No. 65) be denied to the extent it seeks to add a
prayer for exemplary damages. The parties were served with the Recommendation along with an
advisement in conformance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72 of their right to
object within 14 days of service. No objections to the Recommendation have to date been filed by
any party. There appearing no clear error in the Recommendation it is therefore
ORDERED the Recommendation (ECF No. 91) that the Plaintiffs’ Motion to Amend be
denied to the extent it seeks to add a prayer for exemplary damages is ADOPTED and made an
order of this Court.
DATED this 30th day of May, 2013.
BY THE COURT:
_______________________________
Raymond P. Moore
United States District Judge
2
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