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Aurora Bank, FSB v. Paramount Residential Mortg. Grp., Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Aug 13, 2013
Civil Action No. 12-cv-03235-REB-BNB (D. Colo. Aug. 13, 2013)

Summary

considering parties' briefing on § 1404 transfer motion, and noting that "it [is] necessary to set out in [an] affidavit the substance of the evidence" the moving party relies upon (quoting Chicago, Rock Island & Pac. R.R. Co. v. Hugh Breeding, Inc., 232 F.2d 584, 588 (10th Cir. 1956))

Summary of this case from Rezac Livestock Comm'n Co. v. Dinsdale Bros., Inc.

Opinion

Civil Action No. 12-cv-03235-REB-BNB

08-13-2013

AURORA BANK, FSB, Plaintiff, v. PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC., Defendant.


Judge Robert E. Blackburn


ORDER ADOPTING RECOMMENDATION OF THE

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

The matter before me is the recommendation to continue the trial in this matter contained in the Recommendation of United States Magistrate Judge [#27], filed July 18, 2013. No objection having been filed, I review the recommendation for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

"[#27]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.

THEREFORE, IT IS ORDERED as follows:

1. That Recommendation of United States Magistrate Judge [#27], filed July 18, 2013, is APPROVED AND ADOPTED as an order of this court; and

2. That Defendant Paramount Residential Mortgage Group, Inc.'s Motion To Dismiss for Improper Venue, or in the Alternative, To Transfer [#11], filed January 28, 2013, is DENIED.

Dated August 13, 2013, at Denver, Colorado.

BY THE COURT:

______________________

Robert E. Blackburn

United States District Judge


Summaries of

Aurora Bank, FSB v. Paramount Residential Mortg. Grp., Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Aug 13, 2013
Civil Action No. 12-cv-03235-REB-BNB (D. Colo. Aug. 13, 2013)

considering parties' briefing on § 1404 transfer motion, and noting that "it [is] necessary to set out in [an] affidavit the substance of the evidence" the moving party relies upon (quoting Chicago, Rock Island & Pac. R.R. Co. v. Hugh Breeding, Inc., 232 F.2d 584, 588 (10th Cir. 1956))

Summary of this case from Rezac Livestock Comm'n Co. v. Dinsdale Bros., Inc.

In Paramount Residential Mortgage Magistrate Judge Boland described the defendant's concern about accessibility of witnesses as the defendant's strongest argument.

Summary of this case from Lehman Bros. Holding, Inc. v. Gateway Bus. Bank

declining to transfer the case to the Central District of California

Summary of this case from Lehman Bros. Holding, Inc. v. Gateway Bus. Bank
Case details for

Aurora Bank, FSB v. Paramount Residential Mortg. Grp., Inc.

Case Details

Full title:AURORA BANK, FSB, Plaintiff, v. PARAMOUNT RESIDENTIAL MORTGAGE GROUP…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 13, 2013

Citations

Civil Action No. 12-cv-03235-REB-BNB (D. Colo. Aug. 13, 2013)

Citing Cases

Rezac Livestock Comm'n Co. v. Dinsdale Bros., Inc.

(3d ed. 1998), Westlaw (database updated Aug. 2016) ("In reviewing a Rule 12(b)(7) motion, a court must…

Lehman Bros. Holding, Inc. v. Gateway Bus. Bank

In reported cases where the issue of transfer to a different district has been discussed, the results have…