Filed: Dec. 28, 2017
Latest Update: Dec. 28, 2017
Summary: ORDER RAYMOND P. MOORE , District Judge . Plaintiffs' Application (ECF No. 22) seeks a charging order, asserting it may be had ex parte but cites to no legal authority and provides no analysis in support. Upon the Court's review of First Nat'l Bank of Denver v. District Court, 652 P.2d 613 (Colo. 1982) and Phillips v. Phillips, 400 P.2d 450 (Colo. 1964), it finds an ex parte order may not be had. Instead, "notice to the persons whose rights might be adversely affected by the gra
Summary: ORDER RAYMOND P. MOORE , District Judge . Plaintiffs' Application (ECF No. 22) seeks a charging order, asserting it may be had ex parte but cites to no legal authority and provides no analysis in support. Upon the Court's review of First Nat'l Bank of Denver v. District Court, 652 P.2d 613 (Colo. 1982) and Phillips v. Phillips, 400 P.2d 450 (Colo. 1964), it finds an ex parte order may not be had. Instead, "notice to the persons whose rights might be adversely affected by the gran..
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ORDER
RAYMOND P. MOORE, District Judge.
Plaintiffs' Application (ECF No. 22) seeks a charging order, asserting it may be had ex parte but cites to no legal authority and provides no analysis in support. Upon the Court's review of First Nat'l Bank of Denver v. District Court, 652 P.2d 613 (Colo. 1982) and Phillips v. Phillips, 400 P.2d 450 (Colo. 1964), it finds an ex parte order may not be had. Instead, "notice to the persons whose rights might be adversely affected by the grant of the relief sought," First Nat'l Bank of Denver, 652 P.2d at 617, must be given by Plaintiffs. In addition, after notice, the Court may set the Application for a hearing. Accordingly, it is ORDERED:
(1) That, within 14 days of the date of this Order, Plaintiffs shall serve copies of this Order and of the Application to Defendant Gibler and to Gibs Performance Horses, LLC, and shall file a certification of the same with the Court; and
(2) That, within 14 days of the service of this Order and Application, the persons served may file their responses to the Application and shall serve all responses upon all parties who have entered an appearance in this matter.
