Opinion
NO. CS-01-0127-EFS
March 31, 2004
BEFORE THE COURT, without oral argument, is Prudential's Motion for Summary Judgment Dismissing Plaintiff U.S. Bank Trust National Association's First Through Fourth Causes of Action, (Ct. Rec. 480). On March 30, 2004, the Court issued an order bifurcating the Trustee's breach of contract and securities fraud claims, (Ct. Rec. 1760). It is the decision of the Court that Prudential's pending Motion for Summary Judgment related to the Trustee's First through Fourth Causes of Action will be heard, if necessary, during the course of the bifurcated litigation. Accordingly, IT IS HEREBY ORDERED:
1. Prudential's Motion for Summary Judgment Dismissing Plaintiff U.S. Bank Trust National Association's First Through Fourth Causes of Action, (Ct. Rec. 480), is DENIED with leave to renew.
IT IS SO ORDERED. The District Court Executive is directed to
(A) Enter this Order; and
(B) Provide copies to all counsel.