Meijer et al v. Qwest Communications International, Inc. et al

Filing 20

MINUTE ORDER granting in part and denying in part 18 Defendants Unopposed Motion to Stay Discovery and Vacate Planning/Scheduling Conference. The scheduling conference set for 04/02/2009 is VACATED. Defendants shall file the motions to dismiss referred to in the Motion on or before 05/01/2009 by Magistrate Judge Kristen L. Mix on 03/24/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00162-REB-KLM E.T. MEIJER, In Capacity as Trustee in Bankruptcy for KPNQwest N.V., and MARCEL WINDT, In Capacity as Trustee in Bankruptcy for KPNQwest, N.V., et al., Plaintiffs, v. QWEST COMMUNICATIONS INTERNATIONAL, INC., JOHN A. McMASTER, JOSEPH P. NACCHIO, and ROBERT S. WOODRUFF, Defendants. _____________________________________________________________________ MINUTE ORDER ____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants' Unopposed Motion to Stay Discovery and Vacate Planning/Scheduling Conference [Docket No. 18; Filed March 18, 2009] (the "Motion"). Defendants indicate that they intend to file a Motion to Dismiss on the grounds of forum non conveniens and failure to state a claim. Defendants request a complete stay of discovery while their dispositive motions are pending, and Plaintiff does not oppose the request. IT IS HEREBY ORDERED that the Motion to Stay is GRANTED in part and DENIED without prejudice in part. The request to vacate the scheduling conference is granted. Because there is no authority, and little rational basis, for ordering a stay prior to the filing of a dispositive motion, the request to stay the case is denied without prejudice. IT IS FURTHER ORDERED as follows: the scheduling conference set for April 2, 2009 at 11:30 a.m. is vacated and will be reset if necessary. Defendants shall file the motions to dismiss referred to in the Motion on or before May 1, 2009. Dated: March 24, 2009