Branzan Alternative Investment Fund, LLLP v. Bank of New York Mellon Trust Company, N.A., The, et al

Filing 23

MINUTE ORDER denying without prejudice 18 , 19 Motions to Dismiss. By Judge Robert E. Blackburn on 10/9/2014.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02513-REB-MJW
BRANZAN ALTERNATIVE INVESTMENT FUND, LLLP, on behalf of itself and all others
similarly situated,
Plaintiff,
v.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., and
ENERGY CORPORATION OF AMERICA,
Defendants.

MINUTE ORDER1

The following motions are before the court for consideration: (1) Defendant The
Bank of New York Mellon Trust Company, N.A.’s Motion To Dismiss [#18]2 filed
October 8, 2014; and (2) Defendant Energy Corporation of America’s Motion To
Dismiss [#19] filed October 8, 2014. After reviewing both motions the court has
concluded that both motions should be denied without prejudice for failure to comply
with this court’s Practice Standards II.E.1. and IV.B.1. Practice Standard II.E.1. states
as follows:
All papers filed with the court by anyone other than a
judicial officer shall be in an Arial 12 point font (exclusive
of footnotes and endnotes).
Practice Standard IV.B.1 states in relevant part as follows:
Excluding motions filed under FED. R. CIV. P. 56 or 65, or under
Fed. R. Evid. 702, all other motions, objections (including objections
to the recommendations or orders of United States Magistrate

1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2

“[#18]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention
throughout this order.

Judges), responses, and concomitant briefs shall not
exceed fifteen (15) pages.

THEREFORE, IT IS ORDERED as follows:
1. That Defendant The Bank of New York Mellon Trust Company, N.A.’s
Motion To Dismiss [#18] filed October 8, 2014, is DENIED WITHOUT PREJUDICE
with leave to re-file in compliance with the two Practice Standards referenced above;
and
2. That Defendant Energy Corporation of America’s Motion To Dismiss
[#19] filed October 8, 2014, is DENIED WITHOUT PREJUDICE with leave to re-file in
compliance with the two Practice Standards referenced above.
Dated: October 9, 2014

2