Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cv-01030-WDM

Document 43

Filed 10/11/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: October 11, 2005 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Civil Action No. 04-cv-01030-RPM-CBS NOBLE ASSET MANAGEMENT, LLC., Plaintiff, v. ALLOS THERAPEUTICS, INC., and MICHAEL HART, Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Hearing On Motion To Dismiss 10:10 a.m. Court in session. Paul Schwartz Marc Graboyes Jeff Westerman Elizabeth Lin Jeffrey Beren

Court' preliminary remarks. s Court states it is considering defendants' motion under Rule 12(b)(6). Mr. Westerman answers questions. Mr. Westerman states plaintiff has no opposition to the Court taking judicial notice as requested by defendant with the exception of Exhibits B through K and Appendices A, C and D. Mr. Westerman further states plaintiff contends that the information from the website (policies and procedures) are not tied to the allegations in the complaint and the data (numbers) from the statistical reports are being challenged. Court states it will consider the website information. Argument by Mr. Westerman. ORDERED: Defendants'Motion to Dismiss The First Amended Complaint, filed October 12, 2004 (Doc. 34), is granted. Complaint is dismissed. A written opinion shall be prepared and entered. Court in recess. (Hearing concluded. Total time in court .22 min).

ORDERED: 10:32 a.m.