*1 Case 1:05-cv-01573-CBS Document 77 Filed 06/07/06 USDC Colorado Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 05 cv 01573 PSF CBS
STERLING CONSULTING CORPORATION, a Colorado corporation,
Plaintiff,
v.
CREDIT MANAGERS ASSOCIATION OF CALIFORNIA, d/b/a/ CMA BUSINESS CREDIT SERVICES, a California nonprofit corporation;
INDIAN MOTORCYCLE COMPANY, a Delaware corporation; IMCOA LICENSING AMERICA, INC., a Delaware corporation; IMCOA HOLDINGS AMERICA, INC., a Delaware corporation; AUDAX PRIVATE EQUITY FUND LLP as agent for itself and for AUDAX COINVEST, L.P.;
AUDAX SPECIAL PURPOSE COINVEST, L.P.; and
AUDAX TRUST COINVEST, L.P.,
Defendants. ORDER Magistrate Judge Craig B. Shaffer
This civil action comes before the court on “Defendant Audax Private Equity Fund, L.P.'s: (1) Motion for Leave to File a Sur Reply to Sterling's Reply in Support of its Motion to Consolidate; and (2) [Proposed] Sur Reply . . . “ (filed January 24, 2006) (docs. # 54 1 and # 54 2). Pursuant to the Order of Reference dated August 17, 2005 (doc. # 5) and the memorandum dated May 3, 2006) (doc. # 75), this matter was referred to the Magistrate Judge. No opposition to the Motion has been filed with the court. On May 15, 2006, District Judge Blackburn denied consolidation of this civil action with Civil Action No. 95 cv 00777 REB CBS. ( See doc. # 2267 in Civil Action No. 95 cv 00777 REB CBS). The court having reviewed the pending matter and the
1 *2 Case 1:05-cv-01573-CBS Document 77 Filed 06/07/06 USDC Colorado Page 2 of 2 entire case file and being sufficiently advised in the premises, IT IS ORDERED that:
1. “Defendant Audax Private Equity Fund, L.P.'s: (1) Motion for Leave to File a Sur Reply to Sterling's Reply in Support of its Motion to Consolidate; and (2) [Proposed] Sur Reply . . . “ (filed January 24, 2006) (doc. # 54 1) is GRANTED.
2. Defendant Audax Private Equity Fund, L.P.'s [Proposed] Sur Reply (doc.
# 54 2) is accepted for filing nunc pro tunc January 25, 2006.
Dated at Denver, Colorado this 7 th day of June, 2006.
BY THE COURT /s/ Craig B. Shaffer United States Magistrate Judge 2