Free Order on Motion to Substitute Party - District Court of Colorado - Colorado

Case 1:01-cv-01644-REB-CBS

Document 465

Filed 03/27/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer
Civil Action No.: 01-cv-01644-REB-CBS Date: March 27, 2008 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Debra Brown

CARTEL ASSET MANAGEMENT

Glenn W. Merrick

Plaintiff(s), v. OCWEN FINANCIAL CORPORATION Lino S. Lipinsky de Orlov Sandra B. Wick Mulvany

Defendant(s).

COURTROOM MINUTES/MINUTE ORDER HEARING: MOTIONS HEARING Court in Session: 1:23 p.m. Court calls case. Appearances of counsel. Discussion by the Court regarding the motions to be addressed at this hearing. The Court notes that Motion [#446] is not actually a motion. ORDERED: [446] MOTION to Supplement [442] MOTION to Substitute Party by Defendant is not actually a motion but a supplement to #442 and is the motion portion is MOOT. [442] MOTION to Substitute Party by Defendant Ocwen Federal Bank FSB is granted in part and denied in part as stated the record. Ocwen Loan Servicing, LLC is added as a Defendant. The [452] "Cross-Motion for Joinder of Ocwen Loan Servicing, LLC and Ocwen Financial Corp." which is contained within the Response filed February 05, 2008 is STRICKEN pursuant to the Local Rules.

ORDERED:

Case 1:01-cv-01644-REB-CBS

Document 465

Filed 03/27/2008

Page 2 of 2

01-cv-01644-REB-CBS March 24, 2008 Page 2 Argument presented by Counsel regarding [453] MOTION for Joinder of Ocwen Financial Corp. as a Party Defendant under Fed.R.Civ.P. 18(b) and 20(a) by Plaintiff and [456] MOTION to (i) Conduct Limited Additional Discovery, (ii) Require Defendants to Supplement Disclosures and Discovery Responses, and (iii) Reserve the Right to Introduce Different and/or Additional Evidence at Retrial by Plaintiff. ORDERED: [453] MOTION for Joinder of Ocwen Financial Corp. as a Party Defendant under Fed.R.Civ.P. 18(b) and 20(a) by Plaintiff is GRANTED for the reasons stated on the record. Ocwen Financial Corp. is joined as a Defendant solely in its capacity as Guarantor. Plaintiff shall file an Amended Complaint before close of business on Friday, March 28, 2008. [456] MOTION to (i) Conduct Limited Additional Discovery, (ii) Require Defendants to Supplement Disclosures and Discovery Responses, and (iii) Reserve the Right to Introduce Different and/or Additional Evidence at Retrial by Plaintiff is DENIED WITHOUT PREJUDICE as stated on the record. Plaintiff may file an amended Motion to Conduct Discovery detailing and providing documentation to support its request.

ORDERED:

HEARING CONCLUDED. Court in recess: 3:04 p.m. Total time in court: 01:41
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.