Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cv-01030-WDM

Document 63-2

Filed 04/11/2008

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

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-1030-WDM-CBS)

STATUS REPORT

Plaintiff-Appellant, Noble Asset Management, LLC ("Noble Asset"), through its undersigned counsel and pursuant to this Court's February 13, 2008 Order, hereby submits the following written report on the status of the district court proceedings. On February 13, 2008, this appeal was remanded to the district court for the limited purpose of review and approval of the parties' settlement agreement [D.C. Dkt. No. 57]. On February 21, 2008, Noble Asset filed with the district court, the

Case 1:04-cv-01030-WDM

Document 63-2

Filed 04/11/2008

Page 2 of 3

parties' Stipulation and Agreement of Settlement [D.C. Dkt. No. 59], along with an Unopposed Motion for Preliminary Approval of Settlement [D.C. Dkt. No. 60]. Shortly thereafter, on February 26, 2008, Judge Richard P. Matsch recused himself from the case and ordered that it be reassigned to another judge of the district court by random draw [D.C. Dkt. No. 61]. By letter dated February 28, 2008, the district court clerk advised the parties the case was reassigned to Judge Walker D. Miller and the case number was changed to reflect the new judge designation [D.C. Dkt. No. 62]. At this time, Noble Asset's Unopposed Motion for Preliminary Approval of Settlement remains pending before Judge Miller. DATED: April 11, 2008 Respectfully submitted, s/ JEFFREY A. BERENS JEFFREY A. BERENS, ESQ. Attorney for Plaintiff-Appellant Noble Asset Management, LLC
682 Grant Street Denver, CO 80203-3507 Telephone Number: (303) 861-1764 Email Address: [email protected] Street Address:

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Case 1:04-cv-01030-WDM

Document 63-2

Filed 04/11/2008

Page 3 of 3

Certificate of Digital Submission With the exception of all privacy redactions required by the 10th Circuit General Order of August 10, 2007 regarding electronic filing, every document submitted in electronic form is an exact copy of the written document filed with the Clerk, and it has been scanned for viruses with the most recent version of a commercial virus scanning program (McAfee, Inc. VirusScan, version 11.2, last updated April 9, 2008) and, according to the program, is free of viruses. Certificate of Service I hereby certify that on April 11, 2008, a true and correct copy of the foregoing Status Report was sent to the persons listed below in the manner indicated (check box): by U.S. mail; by third-party commercial carrier for delivery within 3 calendar days; by personal delivery, including delivery to a responsible person at the office of counsel; X by digital submission in native PDF format (please include email address(es) below). [email protected], [email protected], [email protected]

Street Address: Telephone Number: Email Address:

s/ Jeffrey A. Berens Jeffrey A. Berens 682 Grant Street Denver, CO 80203-3507 (303) 861-1764 [email protected]

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