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, )
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
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