Pioneer Centres Holding Company Employee Stock Ownership Plan and Trust, The v. Alerus Financial, N.A. et al

Filing 135

ORDER granting 134 Unopposed Motion for Leave to File 16-Page Reply Brief in Support of Motion to Dismiss. Berenbaum is granted leave to file the 16-page Reply Brief, a copy of which was attached to the Motion as Exhibit 1, and the Reply Brief is accepted as filed as of June 21, 2013. By Judge Raymond P. Moore on 06/24/13. (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,
Plaintiff,
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 GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE 16-PAGE REPLY
BRIEF IN SUPPORT OF MOTION TO DISMISS (ECF No. 134)
THIS MATTER comes before the Court on Defendant Berenbaum Weinshienk PC’s
(“Berenbaum”) Unopposed Motion for Leave to File 16-Page Reply Brief in Support of Motion
to Dismiss (“Motion”) (ECF No. 134). The Court has reviewed the lengths of Berenbaum’s
Motion to Dismiss (with supporting Brief) and Plaintiffs’ Response, both of which exceed the
page limitations allowed under this Court’s Practice Standards (Civil Cases). The Court is aware

that its Practice Standards were not issued until on or about May 15, 2013, but that the Motion to
Dismiss was filed May 3, 2013. Plaintiffs’ Response was filed May 31, 2013 and without leave
to exceed the page limitations but addressed a Motion to Dismiss longer than this Court would
otherwise permit without leave of the Court. In light of the lengths of the Motion to Dismiss and
Response, and the date when the Motion to Dismiss was filed, and having reviewed the file and
being otherwise fully advised in the matter, it is hereby
ORDERED that the Motion (ECF No. 134) is GRANTED. Berenbaum is granted leave
to file the 16-page Reply Brief, a copy of which was attached to the Motion as Exhibit 1, and the
Reply Brief is accepted as filed as of June 21, 2013.
DATED this 24th day of June, 2013.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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