*1 Case 1:04-cv-01757-JLK-CBS Document 49 Filed 01/13/06 USDC Colorado Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane Civil Action No. 05 cv 00447 JLK (consolidated for discovery purposes only with 04 cv
1757 JLK)
ALAN DeATLEY,
4 D, LLC, an Oregon limited liability company,
NAPI (Colorado), LLC, a Colorado limited liability company, and NAPI, LLC, an Oregon limited liability company,
Plaintiffs,
v.
WELLS FARGO BANK, NA, and
U.S. BANK, NA,
Defendants. ORDER Kane, J.
This matter is before me on the Plaintiffs’ Motion to File Second Amended Complaint (Doc. 32) and the related Motion of Defendant U.S. Bank NA to Stay Further Proceedings (Doc. 38). After reviewing carefully the parties’ filings in support of and in opposition to these Motions, and being fully apprised of the grounds urged for relief, I GRANT DeAtley’s Motion to File Second Amended Complaint and GRANT in part and DENY in part U.S. Bank’s Motion to Stay.
Specifically, U.S. Bank’s Motion to Stay is GRANTED to the extent it seeks to stay the proceedings related to DeAtley’s newly added claims, but is DENIED to the extent it seeks to stay the original check claims. Efficiencies related to the “piecemeal” litigation of *2 Case 1:04-cv-01757-JLK-CBS Document 49 Filed 01/13/06 USDC Colorado Page 2 of 2
claims against the Bank will be addressed as the case proceeds.
Dated: January 13, 2006. BY THE COURT:
s/John L. Kane SENIOR U.S. DISTRICT JUDGE