Free USCA Order - District Court of Colorado - Colorado

Case 1:04-cv-01030-WDM

Document 69

Filed 08/19/2008 Page 1 of 2 FILED United States Court of Appeals Tenth Circuit

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

August 19, 2008
Elisabeth A. Shumaker Clerk of Court

NOBLE ASSET MANAGEMENT, LLC, on behalf of itself and all others similarly situated, Plaintiff - Appellant, v. ALLOS THERAPEUTICS, INC; MICHAEL E. HART, Defendants - Appellees. No. 05-1504 (D.C. No. 04-cv-01030-RPM).

ORDER

By order dated February 13, 2008, we abated this appeal pending the district court's consideration and approval of a settlement agreement. The parties were directed to file a third status report if the district court had not issued a decision by August 18, 2008. Appellant filed a status report on August 18, 2008, indicating that a renewed motion seeking settlement approval has been filed and that the district court has directed the parties to file additional documents related to the settlement on or before August 25, 2008. Accordingly, this appeal remains abated. The parties are directed to file a notice of the entry of any order regarding settlement and a copy of the order regarding settlement

Case 1:04-cv-01030-WDM

Document 69

Filed 08/19/2008

Page 2 of 2

within seven (7) calendar days of the date that it is entered. If no order is entered within 60 days of the date of this order, the parties shall file another status report with this court. The parties will receive additional direction after the occurrence of one of these events. Entered for the Court ELISABETH A. SHUMAKER, Clerk

by:

Lara Smith Counsel to the Clerk

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