The Estate of Harry R. Beaudry v. First National Bank of the Rockies, et al

Filing 55

ORDER to dismiss a portion of plaintiff's claims for relief 52 , by Judge R. Brooke Jackson on 11/25/2013.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable R. Brooke Jackson
Civil Action No 13-cv-00353-RBJ
NANCY RUMER BEAUDRY, Independent Executrix of
THE ESTATE OF HARRY R. BEAUDRY, deceased,
Plaintiff,
v.
FIRST NATIONAL BANK OF THE ROCKIES, a Colorado banking institution,
KAUA’I VENTURE, LLC, a Colorado limited liability company,
DESERT LILY ESTATES, LLC, a Colorado limited liability company,
PINENEEDLE DEVELOPMENT, LLC, a Colorado limited liability company,
TRACY ENTERPRISES, INC., a Colorado corporation,
MICHAEL A. TRACY, individually, and
JACK BLANTON, individually,
Defendants.

ORDER TO DISMISS A PORTION OF PLAINTIFF’S
CLAIMS FOR RELIEF (FIRST CAUSE OF ACTION)

The Court having considered the Stipulated Motion filed by the Plaintiff and the
Defendants, and being fully advised in the matter, HEREBY ORDERS that as to the
Plaintiff’s First Cause of Action for Fraudulent Conveyance that the following requests for
relief be dismissed with prejudice:
a)

Avoidance of the transfer of the property to Bank to the extent

necessary to satisfy the creditor's claim;

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b)

An attachment or other provisional remedy against the Property or

other Bank property in accordance with the procedure prescribed by the
Colorado Rules of Civil Procedure;
c)

Subject to applicable principles of equity and in accordance with

applicable rules of civil procedure: (I) An injunction against further
disposition by Bank of the Property or of other property; (II) Appointment of
a receiver to take charge of the Property or other property of the Bank.

DATED this 25th day of November, 2013.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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