Free USCA Order - District Court of Colorado - Colorado

Case 1:04-cv-01030-WDM

Document 57

Filed 02/13/2008 States Court2of Appeals United Page 1 of Tenth Circuit

FILED

February 13, 2008
UNITED STATES COURT OF APPEALSElisabeth A. Shumaker FOR THE TENTH CIRCUIT
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

Before KELLY and MURPHY, Circuit Judges. _________________________________

The Joint Motion for Remand filed by plaintiff-appellant and defendants-appellees is granted. This appeal is remanded to the district court for the limited purpose of review and approval of the parties' settlement agreement. This court shall retain jurisdiction of this appeal for all other purposes.

Case 1:04-cv-01030-WDM

Document 57

Filed 02/13/2008

Page 2 of 2

Counsel for plaintiff-appellant shall file a written report with this court, on or before April 11, 2008, advising this court of the status of the district court proceedings and may expect to file subsequent status reports periodically thereafter until district court proceedings have been resolved. The plaintiff-appellant shall also notify the court within ten days of the disposition of district court proceedings on remand.

Entered for the Court ELISABETH A. SHUMAKER Clerk of Court

by: Douglas E. Cressler Chief Deputy Clerk

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