In re: Dane Anders Nielsen
Filing
16
ORDER Granting 11 the Motion for Extension To File Appellant Brief and Access To Trial Transcripts 9 filed February 17, 2016, to the extent the appellant seeks removal of the restriction on Volume IV [8-4] of the Bankruptcy Record on Appeal [ 8]; That the Response to Appellants Motion for Extension To File Appellant Brief and Access to Trial Transcripts and Appellees Motion for Access To Trial Transcripts 11 filed February 18, 2016, is granted to the extent the appellee seeks removal of the restriction on Volume IV [8-4] of the Bankruptcy Record on Appeal Signed by Judge Robert E. Blackburn on 3/3/2016.(cmira)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 16-cv-00081-REB-AP
(Bankruptcy No. 12-36010, Chapter 7)
In re: DANE ANDERS NIELSEN,
Debtor.
KEVIN D. HEUPEL, and
HEUPEL LAW,
Appellants,
v.
DANE ANDERS NIELSEN,
Appellee..
ORDER REMOVING RESTRICTION
Blackburn, J.
The matter is before the court on the following: (1) the Motion for Extension To
File Appellant Brief and Access To Trial Transcripts [#9]1 filed February 17, 2016;
and (2) Response to Appellants’ Motion for Extension To File Appellant Brief and
Access to Trial Transcripts and Appellees’ Motion for Access To Trial Transcripts
[#11]2 filed February 18, 2016. To the extent these motions request removal of the
1
“[#9]” 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.
2
The appellees included their motion for access [#11] in the same document as their response
to a motion for extension of time filed by the appellant. The Local Rules of Practice of this court prohibit
including a motion in a response. D.C.COLO.LCivR 7.1(d) provides: “A motion shall not be included in a
response or reply to the original motion. A motion shall be filed as a separate document.”
restriction on Volume IV [#8-4] of the Bankruptcy Record on Appeal [#8], the motions
are granted. All other issues raised in the motions have been addressed in a separate
order.
Volume IV of the Bankruptcy Record on Appeal was filed under restriction.
D.C.COLO.LCivR 7.2 provides that “the public shall have access to all documents filed
with the court and all court proceedings,” unless restriction of access is merited under
statue, rule of civil procedure, or court order. D.C.COLO.LCivR 7.2(c) provides the
bases on which a motion to restrict access to a court filing may be granted under that
rule. No motion to restrict access to Volume IV of the Bankruptcy Record on Appeal
has been filed. Nothing in the record indicates any apparent or valid basis for restriction
of access to Volume IV.
THEREFORE, IT IS ORDERED as follows:
1. That the Motion for Extension To File Appellant Brief and Access To Trial
Transcripts [#9] filed February 17, 2016, is granted to the extent the appellant seeks
removal of the restriction on Volume IV [#8-4] of the Bankruptcy Record on Appeal [#8];
2. That the Response to Appellants’ Motion for Extension To File Appellant
Brief and Access to Trial Transcripts and Appellees’ Motion for Access To Trial
Transcripts [#11] filed February 18, 2016, is granted to the extent the appellee seeks
removal of the restriction on Volume IV [#8-4] of the Bankruptcy Record on Appeal [#8];
and
3. That the clerk of the court shall remove any restriction on public access to
Volume IV [#8-4] of the Bankruptcy Record on Appeal [#8] on the case management
2
and electronic case filing system of the court.
Dated March 3, 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?