govinfo:USCOURTS-cod-1_07-cv-02503-4

ORDER AND MEMORANDUM OF DECISION. PLAINTIFFS' 54 motion to strike is DENIED. DEFENDANTS' 29 motion to dismiss or stay in favor of arbitration is GRANTED; the case is STAYED for arbitration to the extent that count one alleges breach of the tax deferral provisions in Archstone UPREIT's Declaration of Trust but is otherwise DISMISSED. PLAINTIFFS' 39 motion to certify class is DENIED as MOOT. Any final judgment entered at the conclusion of the case shall reflect a judgment in favor of Defendants and against Plaintiffs, dismissing Plaintiffs' second and third counts for relief with prejudice. Any final judgement shall also reflect a judgment in favor of Defendants and against Plaintiffs, dismissing Plaintiffs' first count for relief with prejudice as discussed in the attached order. The case shall be ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.L.Civ.R. 41.2, subject to reopening for good cause. Signed by Chief Judge Edward W. Nottingham on 9/30/2008.(sss, )

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