Brokers' Choice of America, Inc. et al v. NBC Universal, Inc. et al

Filing 45

ORDER: The hearing on the Motion to Compel shall occur on January 7, 2010, at 3:00 p.m., as previously scheduled. The scheduling conference set for January 7, 2010, is VACATED, by Magistrate Judge Boyd N. Boland on 12/4/09. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00717-CMA-BNB BROKER'S CHOICE OF AMERICA, INC., and TYRONE M. CLARK, Plaintiffs, v. NBC UNIVERSAL, INC., GENERAL ELECTRIC CO., CHRIS HANSEN, STEVEN FOX ECKERT, and MARIE THERESA AMOREBIETA, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ By a minute order [Doc. # 42, filed 11/23/2009] I set a hearing on Plaintiffs' Motion to Compel Disclosures by Defendant NBC Universal, Inc. (the "Motion to Compel"), for January 7, 2010, at 3:00 p.m. I also set a scheduling conference for the same date and time. Subsequently, it has been brought to my attention that the district judge entered the following order: THE COURT: All right. Plaintiff is given 30 days within which to file its Amended Complaint. The Court will note that pursuant to Iqbal, the Supreme Court did state that while Rule 8 does allow broader pleading, it does not unlock the doors of discovery for a plaintiff that has--it does not unlock the doors of discovery for a plaintiff that has armed itself with nothing more than conclusions. So the Court is not going to allow--the discovery stay will remain in effect. Reporter's Partial Transcript [Doc. # 38, filed 10/23/2009] at p.26 line 19 through p.27 line 1.

In view of the order of the district judge, it was error for me to set a scheduling conference. Accordingly, IT IS ORDERED that the hearing on the Motion to Compel shall occur on January 7, 2010, at 3:00 p.m., as previously scheduled. IT IS FURTHER ORDERED that the scheduling conference set for January 7, 2010, is VACATED. Dated December 4, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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