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Lewis v. All Public Trustees Failing to Act Under the Laws of the State of Colorado

February 1, 2006

SHERRON LEWIS, ET AL., PLAINTIFF(S),
v.
ALL PUBLIC TRUSTEES FAILING TO ACT UNDER THE LAWS OF THE STATE OF COLORADO; ET AL., DEFENDANT(S).



The opinion of the court was delivered by: Magistrate Judge Michael J. Watanabe

ORDER and RECOMMENDATION ON ALL PENDING MOTIONS

The case is STAYED based upon the bankruptcy that has been filed by Plaintiff Sherron Lewis. See docket no. 87 staying this case until March 17, 2006. Accordingly, it is hereby ORDERED that the following motions are DENIED WITHOUT PREJUDICE:

1. Plaintiff's Motion for Leave to File Second Amend and Jury Demand (docket no. 31);

2. Plaintiff's Motion for Leave to File Amendment First Amendment of Right (docket no. 58);

3. Plaintiff's Motion for Leave to File Fourth Amended Complaint Pursuant to the Court's Order of June 3, 2005 and Jury Demand (docket no. 75)

4. Defendant's Motion for Attorney Fees (docket no. 77); and,

5. Plaintiff's Motion for Leave to File Fifth Amended Complaint (docket no. 84).

It is FURTHER RECOMMENDED that the following motions be DENIED WITHOUT PREJUDICE:

1. Plaintiff's Motion for Preliminary Injunction (docket no. 25);

2. Motion for Preliminary Injunction (filed by Allen Russell who is not a party to this action) (docket no. 26);

3. Motion for Preliminary Injunction (filed by Allen Russell who is not a party to this action)(docket no. 27);

4. Defendant's Motion to Dismiss (docket no. 34); and,

5. Defendant's Motion to Dismiss (docket no. 44).

NOTICE: Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the parties have ten (10) days after service of this recommendation to serve and file written, specific objections to the above recommendation with the District Judge assigned to the case. The District Judge need not consider frivolous, conclusive, or general objections. A party's failure to file and serve such written, specific objections waives de novo review of the recommendation by the District Judge, Fed. R. Civ. P. 72(b), Thomas v. Arn, 474 U.S. 140, 148-53 (1985), and also waives appellate review of both factual ...


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