Xstar Financial v. Money & More et al

Filing 266

ORDER ADOPTING 259 REPORT AND RECOMMENDATIONS: denying 250 Motion to Intervene. Signed by Judge Tena Campbell on 12/15/11 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

APG ENTERPRISES, INC., et al.,
Plaintiffs,

ORDER

vs.

MONEY & MORE, INC., et al.,

Case No. 2:08-CV-951-TC

Defendants.

The court referred this case to Magistrate Judge Brooke C. Wells pursuant to 28 U.S.C.
§ 636(b)(1)(B). On November 2, 2011, Judge Wells entered her Report and Recommendation1
on proposed defendant-intervenor Heidi Benson, Heidi J. Benson Family Trust, Evelyn H. Bosh
and the Bosh Family Trust’s Motion to Intervene.2
Judge Wells recommends that the Motion to Intervene be denied. The parties were given
fourteen (14) days to file objections to the Report and Recommendation and were cautioned that
failure to file an objection could constitute waiver thereof upon subsequent review. No
objections were received.
The court has carefully reviewed the Report and Recommendation and the relevant

1

Docket No. 259.

2

Docket No. 250.

materials in the file and finds the recommendation correct in all respects.3 Accordingly, the
Report and Recommendation is adopted as the order of the court, and the court DENIES the
Motion to Intervene.
SO ORDERED this 15th day of December, 2011.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

The court also notes that the proposed intervenor defendants who are not individuals (the
“Trust” parties) may not represent themselves pro se, as they attempt to do in the Motion to
Intervene.
3

2