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

Filing 89

ORDER That the Report and Recommendation on Defendant The Bank of New York Mellon Trust Company, N.A.s Motion for Judgment on the Pleadings on Two Remaining Claims Asserted in Plaintiffs Complaint Docket No. 84 88 , filed January 12, 2016, is appr oved and adopted as an order of this court; That the Motion of Defendant The Bank of New York Mellon Trust Company, N.A.s Motion for Judgment on the Pleadings on Two Remaining Claims Asserted in Plaintiffs Complaint 84 , filed December 2, 2015, is granted, by Judge Robert E. Blackburn on 2/4/2016.(evana, )

Download PDF
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., Defendant. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the magistrate judge’s Report and Recommendation on Defendant The Bank of New York Mellon Trust Company, N.A.’s Motion for Judgment on the Pleadings on Two Remaining Claims Asserted in Plaintiff’s Complaint (Docket No. 84) [#88],1 filed January 12, 2016. No objection having been timely filed to the recommendation, I review it for plain error only. See MoralesFernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the magistrate judge’s recommended disposition, I find and conclude that the recommendation should be approved and adopted. Indeed, it appears plaintiff agrees to dismissal of its remaining claims in this lawsuit. 1 “[#88]” 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. THEREFORE, IT IS ORDERED as follows: 1. That the Report and Recommendation on Defendant The Bank of New York Mellon Trust Company, N.A.’s Motion for Judgment on the Pleadings on Two Remaining Claims Asserted in Plaintiff’s Complaint (Docket No. 84) [#88], filed January 12, 2016, is approved and adopted as an order of this court; 2. That the Motion of Defendant The Bank of New York Mellon Trust Company, N.A.’s Motion for Judgment on the Pleadings on Two Remaining Claims Asserted in Plaintiff’s Complaint [#84], filed December 2, 2015, is granted; 3. That Counts 2 and 5 of the complaint are dismissed with prejudice; 4. That judgment with prejudice shall enter as follows: a. As to Counts 2 and 5 on behalf of defendant The Bank of New York Mellon Trust Company, N.A., and against plaintiff, Branzen Alternative Investment Fund, LLLP, on behalf of itself and all others similarly situated; and b. In accordance with my Order Overruling Objections to and Adopting Recommendation of United States Magistrate Judge ¶ 6 at 8 [#76], filed September 29, 2015; 5. That defendants are awarded their costs, to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and 6. That accordingly, this case is closed. 2 Dated February 4, 2016, at Denver, Colorado. BY THE COURT: 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?