Schwartz et al v. Booker et al

Filing 106

ORDER ADMINISTRATIVELY CASE, pending disposition by the Court of Appeals for the Tenth Circuit of the Interlocutory Appeal, by Judge William J. Martinez on 3/26/2012. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 09-cv-00915-WJM-KMT
MELISSA R. SCHWARTZ, as Personal Representative and Administrator of the Estate
of CHANDLER GRAFNER, deceased;
CHRISTINA GRAFNER; and
JOSHUA NORRIS,
Plaintiffs,
v.
MARGARET BOOKER, and
MARY PEAGLER,
Defendants.

ORDER ADMINISTRATIVELY CLOSING CASE
______________________________________________________________________
This matter is before the Court sua sponte. In this civil rights case, Plaintiffs
Melissa Schwartz, as personal representative and administrator of the estate of
Chandler Grafner, Christina Grafner, and Joshua Norris bring claims under 42 U.S.C. §
1983 against Margaret Booker and Mary Peagler arising out of the death of Chandler
Grafner while in foster care.
On July 15, 2011, the Defendants filed a Motion to Dismiss, based in part on
qualified immunity (ECF No. 88). This Motion was denied on December 6, 2011 (ECF
No. 100). Defendants thereafter sought review of the denial of their Motion to Dismiss
by timely filing an Interlocutory Appeal on December 29, 2011 (United States Court of
Appeals for the Tenth Circuit Case Number 11-1583).

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 26th day of March, 2012.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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