You're viewing Docket Item 61 from the case Mbaku et al v. Bank of America, National Association. View the full docket and case details.

Download this document:




Case 1:12-cv-00190-PAB-KLM Document 61 Filed 07/24/13 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 12-cv-00190-PAB-KLM

JOHN M. MBAKU and
LUVIBIDILA JOLIE LUMUENEMO,

Plaintiffs,

v.

BANK OF AMERICA, NATIONAL ASSOCIATION,
as successor by merger to BAC Home Loans Servicing, LP
f/k/a Countrywide Home Loans Servicing LP,

Defendant.

_____________________________________________________________________

_____________________________________________________________________

ORDER

This matter is before the Court on the Notice of On-Going State Court

Proceedings and Request for Clarification of July 3, 2013 Order [Docket No. 59] filed by

Intervenor-Defendant John W. Suthers, in his official capacity as Colorado Attorney

General (the “Attorney General”). 1

As stated in the July 3, 2013 Order, the Court denied without prejudice plaintiffs’

motion for a preliminary injunction on the grounds that the Court lacks jurisdiction to

“interfere with state court proceedings by granting [the] equitable relief” that plaintiffs

sought. Docket No. 57 at 8, 10. The Order did not dismiss the underlying action or

disclaim jurisdiction over plaintiffs’ constitutional claims as a general matter. See id.

Under Rule 120, the Court may hear a collateral challenge to the grant of an Order

Although filed as a “Notice,” the Court construes this document as a motion for
1

clarification. See Docket No. 59 at 5.

Case 1:12-cv-00190-PAB-KLM Document 61 Filed 07/24/13 USDC Colorado Page 2 of 2

Authorizing Sale. Colo. R. Civ. P. 120(d) (“The granting of any such motion shall be

without prejudice to the right of any person aggrieved to seek injunctive or other relief in

any court of competent jurisdiction”). The Order is clear on its face and does not

require clarification. Wherefore, it is

2

ORDERED that the Notice of On-Going State Court Proceedings and Request

for Clarification of July 3, 2013 Order [Docket No. 59] filed by Intervenor-Defendant

John W. Suthers, in his official capacity as Colorado Attorney General is DENIED.

DATED July 24, 2013.

BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

The Attorney General also seeks, as an alternative to a written order clarifying
2
the Court’s previous ruling, a status conference “for consideration of the matters raised
by this Notice.” Docket No. 59 at 5. Given that the Order is clear on its face, the
request for a status conference is denied.

2