S. v. Pueblo School District 60 et al

Filing 229

ORDER ADMINISTRATIVELY CLOSING CASE pending disposition by the Court of Appeals for the Tenth Circuit of the Interlocutory Appeal. Nothing contained in this Order shall be considered a dismissal or final disposition of this case in this Court. Any party may move this Court to reopen this matter for good cause shown after issuance by the Tenth Circuit of its Mandate on the subject appeal, by Judge William J. Martinez on 3/27/2012. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 09-cv-00858-WJM-MEH
EBONIE S., a child by her mother and next friend, MARY S.,
Plaintiff,
v.
PUEBLO SCHOOL DISTRICT 60
Defendant.

ORDER ADMINISTRATIVELY CLOSING CASE
______________________________________________________________________
This matter is before the Court sua sponte. In this civil rights case two statutory
claims based on allegedly discriminatory practices in violation of the Americans with
Disabilities Act, 42 U.S.C. § 12131 et seq. (“ADA”), and § 504 of the Rehabilitation Act,
29 U.S.C. § 794 (“Rehabilitation Act.”), remain pending against Defendant School
District.
On May 3, 2011, this Court entered an Order on Defendants’ Motions for
Summary Judgment (ECF No. 159). On May 5, 2011 Plaintiff filed a Motion for
Reconsideration or for Rule 54(b) Certification, or in the alternative, Certification of
Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b) and for Stay of Proceedings (ECF
No. 169). This Motion was granted in part on May 17, 2011 (ECF No. 194), the Court
granted Plaintiff’s Motion for Rule 54(b) Certification, allowing immediate appeal of the
Court’s May 3, 2011 Order. Judgment was entered on May 19, 2011 (ECF No. 198)
and Plaintiff thereafter timely filled an Interlocutory Appeal on June 15, 2011 (United

States Court of Appeals for the Tenth Circuit Case Number 11-1273).
The Court finds that there appears to be no reason at this time to maintain this
matter as an active open case. Accordingly, the Clerk is instructed to
ADMINISTRATIVELY CLOSE this case, pending disposition by the Court of Appeals for
the Tenth Circuit of the Interlocutory Appeal.
Nothing contained in this Order shall be considered a dismissal or final
disposition of this case in this Court. Any party may move this Court to reopen this
matter for good cause shown after issuance by the Tenth Circuit of its Mandate on the
subject appeal.
Dated this 27th day of March, 2012.
BY THE COURT:

William J. Martínez
United States District Judge

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