Ballard v. Dean Foods Company et al

Filing 43

ORDER Denying re: 42 Unopposed Motion to Amend 38 Scheduling Order and plaintiff's counsel shall report to this Court immediately following any further action in the bankruptcy proceeding, signed by Judge Richard P. Matsch on 1/5/2009. (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch

Civil Action No. 08-cv-00479-RPM VIRGINIA BALLARD, Plaintiff, v. DEAN FOODS COMPANY (a Delaware corporation), DEAN WEST, LLC (a Delaware Limited Liability Company), and SOUTHERN FOODS GROUP, LLC (a Delaware Limited Liability Company) doing business as MEADOW GOLD DAIRY, Defendants.

ORDER DENYING MOTION TO AMEND SCHEDULING ORDER ____________________________________________________________________________ On January 4, 2010, the plaintiff filed a Status Report and Unopposed Motion to Amend Scheduling Order. The status report indicates that the plaintiff's bankruptcy proceeding was reopened on November 17, 2009, and that further proceedings are dependent upon the position to be taken by the U.S. Bankruptcy Trustee assigned. The purpose of the reopening appears to be an attempt to avoid dismissal of this case for the failure to list this proceeding in her bankruptcy filing. Because the viability of this civil action may depend upon further bankruptcy proceedings, the stay order entered on November 24, 2009, will remain in effect. It is ORDERED that the motion to amend scheduling order is denied and it is FURTHER ORDERED that plaintiff's counsel shall report to this Court immediately following any further action in the bankruptcy proceeding. DATED: January 5th, 2010 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge