Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:03-rj-00027-MEH

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Filed 01/07/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-rj-00027

STUDENT LOAN MARKETING ASSOCIATION, Plaintiff, v. JOHN A. OTTE, Defendant.

MOTION TO AMEND CAPTION

The United States of America respectfully moves for an order amending the caption in this case to substitute the United States of America as plaintiff, in place of Student Loan Marketing Association. As reasons for this motion, the United States advises as follows: 1. This case involves a state court judgment that has been registered in this

Court. The judgment was originally entered in Student Loan Marketing Association v. John A. Otte, Case No. 3 L 42813, in the District Court of the State of Colorado, Denver County, on April 18, 2002. A copy of the state court judgment is attached as Exhibit 1. 2. On June 4, 2002, the plaintiff in the state court action, Student Loan

Marketing Association, assigned the state court judgment to the United States of America. As a result of this assignment, the United States now holds the exclusive right to enforce the judgment. A copy of the Assignment of Judgment is attached as Exhibit 2.

Case 1:03-rj-00027-MEH

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Filed 01/07/2008

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3.

On September 22, 2003, at the request of the United States, this Court

registered the state court judgment in the United States District Court for the District of Colorado as Case No. 03-rj-00027. 4. The United States respectfully requests that the Court amend the caption

in Case No. 03-rj-00027, to substitute the United States of America as plaintiff, in place of Student Loan Marketing Association. This amendment will reflect the fact that it is now the United States, not Student Loan Marketing Association, that holds the judgment and is entitled to enforce it. WHEREFORE, the United States respectfully moves for an order amending the caption as set forth above. Dated: January 7, 2008. Respectfully submitted, TROY A. EID United States Attorney

s/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 303-454-0100 Fax: (303) 454-0404 [email protected] Attorneys for Plaintiff United States of America

Case 1:03-rj-00027-MEH

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CERTIFICATE OF SERVICE I hereby certify that on January 7, 2008, I electronically filed the foregoing with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: John A. Otte 1406 Jay Street Lakewood, CO 80214 Student Loan Marketing Association Loan Servicing Center/Pennsylvania P.O. Box 9400 Wilkes-Barre, PA 18733-9400

s/ Lisa A. Christian United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0404