Case 1:12-cv-02716-WJM-MEH Document 105 Filed 05/08/13 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martnez Civil Action No. 12-cv-02716-WJM LISA KAY BRUMFIEL, Plaintiff, v. U.S. BANK, LARRY CASTLE, in his individual and corporate capacity, and CASTLE STAWIARSKI, LLC, ROBERT J. HOPP, in his and corporate and individual capacities, CYNTHIA MARES, Public Trustee in her official capacity, MERS, a division of MERSCorp, and DOES 1-100, Defendants.

CERTIFICATION OF MATTER TO THE ATTORNEY GENERAL OF THE STATE OF COLORADO

Pursuant to 28 U.S.C. 2403, the Court hereby certifies to the Attorney General of the State of Colorado that the Court has before it an action wherein the constitutionality of a Colorado statute is in question, and gives leave to the State of Colorado to intervene in the case for argument on the constitutional question. The instant case, challenging the constitutionality of Colorado Revised Statute 38-38-101 as it applies to proceedings under Colorado Rule of Civil Procedure 120, is currently set for an evidentiary hearing on Plaintiff Lisa Kay Brumfiels Motion for a Preliminary Injunction on May 15, 2013 at 9:00 a.m. in Courtroom A801. The Court recognizes that 28 U.S.C. 2403 requires this certification only where no agency, officer, or employee of the state is a party to the case, and in the instant

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case Cynthia Mares, the Arapahoe County Public Trustee, is a defendant named in her official capacity. However, given the recent addition of the Public Trustee as a defendant in Plaintiffs Amended Complaint, filed on March 22, 2013, and the constitutional questions at issue here, the Court nevertheless hereby provides to the State of Colorado notice and leave to intervene.

Dated this 8th day of May, 2013. BY THE COURT:

William J. Martnez United States District Judge