Mitchell v. USA, et al

Filing 366

MINUTE ORDER. The 364 Motion for an Extension of Time of Thirty (30) Days is granted. The 365 Motion for Relief from Judgment and/or Reconsideration is granted. On or before 11/26/2012, plaintiff shall file a renewed motion to reopen the case. By Judge Philip A. Brimmer on 10/17/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 03-cv-00387-PAB-MJW
WALLACE MITCHELL,
Plaintiff,
v.
KEVIN ESTRADA, et al.,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the Motion for an Extension of Time [Docket
No. 364] and the Motion for Relief from Judgment [Docket No. 365] filed by plaintiff
Wallace Mitchell. In his motions, plaintiff requests additional time to present arguments
distinguishing this case from the Supreme Court’s holding in Kokkonen v. Guardian Life
Ins. Co. of Am., Inc., 511 U.S. 375 (1994). Specifically, plaintiff argues that this case is
distinguishable from Kokkonen because the settlement agreement here was entered by
the Court without input “from either party on whether the final order should include a
stipulation to retain jurisdiction.” Docket No. 365 at 2. Because plaintiff did not have an
opportunity to fully brief the settlement issue in his motion to reopen the case [Docket
No. 359], the Court will grant plaintiff’s request for an extension.
Accordingly, it is
ORDERED that the Motion for an Extension of Time of Thirty (30) Days [Docket
No. 364] is GRANTED. It is further
ORDERED that the Motion for Relief from Judgment and/or Reconsideration
[Docket No. 365] is GRANTED. It is further
ORDERED that, on or before November 26, 2012, plaintiff shall file a renewed
motion to reopen the case.
DATED October 17, 2012.