Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-00275-JLK

Document 962-2

Filed 02/27/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv-00275-JLK DOMINICK PAOLONI, et al., Plaintiffs, vs. DONALD I. GOLDSTEIN, et al., Defendants, and NBSA, LLC, et al., Relief Defendants. ________________________________________________________________________ ORDER REMOVING SCOTT A. ELK AS RECEIVER OF BLUE PAPER, INC. ________________________________________________________________________ THIS MATTER comes before the Court pursuant to Plaintiffs' Motion For Order Removing Scott A. Elk as Receiver of Blue Paper, Inc., the Court having reviewed such Motion and being fully advised in the premises, the Court enters the following orders: IT IS HEREBY ORDERED that effective as of the date of this Order, Scott A. Elk is hereby removed as Receiver of Blue Paper, Inc. and from this date forward shall have no obligations, duties, or responsibilities as Receiver of Blue Paper, Inc. pursuant to this Court's Order of April 24, 2007, except as may otherwise be ordered by this Court.

Case 1:01-cv-00275-JLK

Document 962-2

Filed 02/27/2008

Page 2 of 2

IT IS FURTHER ORDERED, that notwithstanding the removal of Scott A. Elk as Receiver of Blue Paper, Inc., pursuant to the terms of this Court's April 24, 2007 Order, any claims of Joseph F. Ierciatano and/or any third party concerning the acts or transactions of Scott A. Elk as Receiver pursuant to this Court's April 24, 2007 Order, may not be brought without first obtaining leave of this Court. IT IS FURTHER ORDERED, that notwithstanding the removal of Scott A. Elk as Receiver of Blue Paper, Inc., Scott A. Elk as Receiver of Blue Paper, Inc. shall not be liable for actions taken or omitted to be taken in good faith and without gross negligence. IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for all purposes. DATED this _______ day of _________________, 2008. BY THE COURT:

_______________________________________ John L. Kane, United States District Court Judge

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