1:07-cv-02299 | D. Colo. | Jul 6, 2011

Case 1:07-cv-02299-RPM Document 185 Filed 07/06/11 USDC Colorado Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02299-RPM STEWART TITLE GUARANTY COMPANY, a Texas corporation,

Plaintiff, v. HARALD DUDE, individually and as general partner of DEE INVESTMENTS LIMITED PARTNERSHIP, Nevada limited partnership, DENISE ROBERTS, individually and as general partner of DEE INVESTMENTS LIMITED PARTNERSHIP, Nevada limited partnership, and DEE INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership

Defendants, DEE INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership, Third-Party Plaintiff, v. STEWART TITLE OF COLORADO, INC., a Colorado corporation; WEAVER & MITCHELL, INC., a Colorado registered trade name; and DAVID LESTER, an individual,

Third-Party Defendants. _______________________________________________________________________________________ ORDER DENYING MOTION TO SEVER ____________________________________________________________________________________ In its response to the Order to Show Cause of June 24, 2011, filed July 5, 2011, the plaintiff requests a severance of the claims against Denise Roberts and a grant of fourteen days to remove its claims against Ms. Roberts to the Bankruptcy Court. The motion is procedurally inappropriate. The plaintiff may proceed forthwith to file its claim in the bankruptcy proceedings and after filing move to dismiss, without prejudice, the claims made against Denise Roberts in this case. Accordingly it is

ORDERED that the request for severance is denied. DATED: July 6 th , 2011

BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge