Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01030-WDM

Document 61

Filed 02/26/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 04-cv-01030-RPM-CBS NOBLE ASSET MANAGEMENT, on behalf of itself and all others similarly situated, Plaintiff, v. ALLOS THERAPEUTICS, INC., and MICHAEL E. HART, Defendant. _____________________________________________________________________ ORDER OF RECUSAL _____________________________________________________________________ On October 20, 2005, I ordered dismissal of this civil action pursuant to a memorandum opinion of that date finding that the first amended complaint was insufficient to state a claim under the Private Securities Litigation Reform Act and Fed.R.Civ.P. 12(b)(6). That dismissal was appealed to the Tenth Circuit Court of Appeals. On February 13, 2008, that court granted a joint motion for remand, remanding the case to this court for the limited purpose of review and approval of a settlement agreement. On February 21, 2008, the parties filed a Stipulation and Agreement of Settlement together with the plaintiff's Unopposed Motion for Preliminary Approval of Settlement. Upon review of Stipulation and Agreement of Settlement, and considering this Court's previous experience with this civil action and other class actions, I am unable to give fair consideration to evaluate the proposed settlement under

Case 1:04-cv-01030-WDM

Document 61

Filed 02/26/2008

Page 2 of 2

Fed.R.Civ.P. 23(e). Accordingly, pursuant to 28 U.S.C. § 455 it is ORDERED that this civil action shall be reassigned to another judge of this court by random draw. DATED: February 26, 2008. BY THE COURT:

s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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