Free Order on Motion for Order - District Court of Colorado - Colorado

Case 1:04-cv-01030-WDM

Document 68

Filed 08/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Case No. 04-cv-01030-WDM NOBLE ASSET MANAGEMENT, LLC. Plaintiff, v. ALLOS THERAPEUTICS, INC. MICHAEL E. HART, Defendants. _____________________________________________________________________ ORDER

This matter is before me on Plaintiff's Renewed Unopposed Motion for Preliminary Approval of Settlement (doc. no. 66), which supplants Plaintiff's original motion (doc. no. 60). Upon review I find the motion and the parties' settlement fail to address certain requirements in connection with the class certification process attendant to a settlement as found in Fed. R. Civ. P. 23(c)(1)(B). In particular, the pleadings do not adequately define the class claims, issues or defenses, nor do they request or justify the appointment of class counsel. These are matters which should be addressed in the preliminary approval order. It is therefore ordered that the parties file on or before August 25, 2008, the following: 1. An appropriate pleading representing the parties' summary or definition of the class claims, issues or defenses pursuant to Fed. R. Civ. P. 23(c)(1)(B); and

Case 1:04-cv-01030-WDM

Document 68

Filed 08/14/2008

Page 2 of 2

2. A request for appointment of counsel pursuant to Fed. R. Civ. P. 23(c)(1)(B) and (g) which provides reasons why the designated counsel should be appointed and what the maximum amount of counsel's fee claim will be. It is further ordered that Plaintiff's original motion (doc. no. 60) is denied as moot. DATED at Denver, Colorado, on August 14, 2008. BY THE COURT:

s/ Walker D. Miller United States District Judge

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