Schimmer v. State Farm Mutual Automobile Insurance Company

Filing 61

ORDER: This case is dismissed without prejudice, by Judge Philip A. Brimmer on 2/16/10. (ebs, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 05-cv-02513-PAB-KLM JOHN T. SCHIMMER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ On February 9, 2009, the Court administratively closed this case and ordered that a motion to reopen, or a motion to extend the deadline, must be filed within 30 days of a decision on the class certification issue by the Tenth Circuit in the Clark case [Case Nos. 07-1454, 07-1466], or January 9, 2010, whichever is later. If no such motion is filed by that date, this case shall be dismissed without prejudice, without further notice. [Docket No. 60] On December 29, 2009, the Tenth Circuit Court of Appeals issued an opinion in Clark v. State Farm Mutual Automobile Insurance Company, 590 F.3d 1134 (10th Cir. 2009). More than 30 days have passed since the decision, and no party has filed a motion to reopen the case or to extend the deadline for filing such a motion. Therefore, it is ORDERED that this case is dismissed without prejudice. DATED February 16, 2010. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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