Garcia v. Internal Revenue Service

Filing 28

MINUTE ORDER; In light of the Court's Recommendation 124 that this consolidated action be dismissed, Plaintiff's Motions 9 14 18 19 and 24 are DENIED AS MOOT, by Magistrate Judge Kristen L. Mix on 3/24/2013.(klmcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02482-WYD-KLM LILIA E. GARCIA, Plaintiff, v. IRS, INTERNAL REVENUE SERVICE, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff’s “Motion to Continue Case” [Docket No. 9; Filed October 4, 2012], “Motion to Not Remove Case” [#14; Filed October 5, 2012], “Motion Case Open” [#18; Filed October 9, 2012], “Motion to Deny” [#19; Filed October 9, 2012] and “Motion to Answer” [#24; Filed October 11, 2012] (collectively, the “Motions”). Defendants have not filed a response to any of the Motions. In an Order issued on in October 11, 2012, this case was consolidated with Case No. 12-cv–01824-WYD-KLM. [#23 of 12-cv-02482-WYD-KLM and #32 of 12-cv-01824WYD-KLM]. The Order directed that all pleadings and other filings be filed in Case No. 12cv–01824-WYD-KLM. Id. In addition, after granting Defendant’s Motion to Strike the Amended Complaint in 12-cv-01824-WYD-KLM [#14] and Defendant’s Motion for a More Definite Statement in 12-cv-02482-WYD-KLM [#10], the Court directed Plaintiff to submit a Second Amended Complaint, to be filed in 12-cv-01824-WYD-KLM only. [#63 of 12-cv01824-WYD-KLM]. Thus, the Second Amended Complaint, had Plaintiff ever filed it, was to be the operative complaint for the consolidated action. The Court recently issued a Recommendation that this consolidated action be dismissed. See [#124] of 12-cv-01824-WYD-KLM. Accordingly, IT IS HEREBY ORDERED that in light of the Court’s Recommendation [#124] that this consolidated action be dismissed, Plaintiff’s Motions [## 9, 14, 18, 19 and 24] are DENIED AS MOOT. Dated: March 24, 2013