Western Showcase Homes Inc. et al v. Champion Homes Builders Company et al

Filing 58

ORDER. The order of reference contemplated by the Memorandum [#51] filed 11/12/2009, referring the parties Unopposed Joint Motion for Entry of Protective Order 50 filed 11/12/2009, to the magistrate judge is WITHDRAWN with the consent of the magistrate judge. The parties Unopposed Joint Motion for Entry of Protective Order 50 filed 11/12/2009, is DENIED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 06/22/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00791-REB-BNB WESTERN SHOWCASE HOMES, INC., a Nevada corporation, and WESTERN SHOWCASE BUYERS GROUP, L.L.C. a Nevada limited liability company, Plaintiffs, v. CHAMPION HOME BUILDERS COMPANY, a Michigan corporation, Defendant. ORDER Blackburn, J. This matter is before me sua sponte. On November 12, 2009, the parties filed their Unopposed Joint Motion for Entry of Protective Order [#50], which was referred to the magistrate judge that same day [#51]. Shortly thereafter, the court was notified of defendant's bankruptcy (Suggestion of Bankruptcy [#52] filed December 1, 2009), and the matter was stayed (Order Discharging Order To Show Cause and Staying Case [#55] filed December 18, 2009). The parties more recently informed the court that the bankruptcy case is still proceeding and in active status. (See Joint Status Report [#57] filed April 28, 2010.) Thus, it appears that the need for a protective order so that the parties may exchange discovery has evanesced, at least for the foreseeable future. Therefore, with the assent of the magistrate judge, the reference will be withdrawn, and the motion for protective order will be denied without prejudice.

THEREFORE, IT IS ORDERED as follows: 1. That the order of reference contemplated by the Memorandum [#51] filed November 12, 2009, referring the parties' Unopposed Joint Motion for Entry of Protective Order [#50] filed November 12, 2009, to the magistrate judge is WITHDRAWN with the consent of the magistrate judge; and 2. That the parties' Unopposed Joint Motion for Entry of Protective Order [#50] filed November 12, 2009, is DENIED WITHOUT PREJUDICE. Dated June 22, 2010, at Denver, Colorado. BY THE COURT:

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