Colorado Cross-Disability Coalition et al v. Abercrombie & Fitch Co. et al

Filing 170

ORDER This matter is before the court on Stipulated Modifation (sic) of Discovery Stay; the Stipulated Modifation (sic) of Discovery Stay Doc. No. 166 , is DENIED. There is no stay as to which such a modification may be directed, by Magistrate Judge Kathleen M. Tafoya on 5/22/2012. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 09–cv–02757–WYD–KMT

COLORADO CROSS-DISABILITY COALITION, a Colorado non-profit Corporation,
ANITA HANSEN, and
JULIE FARRAR,
Plaintiffs,
v.
ABERCROMBIE & FITCH CO.,
ABERCROMBIE & FITCH STORES, INC, and
J.M. HOLLISTER LLC, d/b/a HOLLISTER CO.,
Defendants.

ORDER

This matter is before the court on “Stipulated Modifation (sic) of Discovery Stay” [Doc.
No. 166].
All deadlines in this case were stayed on December 19, 2011 “pending ruling on the [then
pending] Motion for Class Certification.” Order [Doc. No. 152]. Class Certification was
granted on April 20, 2012. Therefore, the stay was lifted at that time.
In a subsequently filed status report [Doc. No. 163], after noting the pendency of
Plaintiffs’ “Motion for Summary Judgment and Entry of Injunction and Entry of Judgment”
[Doc. 162] and after asserting that Defendants were preparing a Motion for Summary Judgment
based upon changed circumstances [now filed as Doc. No. 164], the parties stated, “[t]he parties

propose that discovery remain stayed pending resolution of the motions cited above.” Id. at ¶ 8.
The status report was neither filed nor docketed as a motion seeking continuance of the stay
previously ordered or as a motion seeking a new stay and therefore no action to re-institute the
stay has been commenced.
Therefore, the “Stipulated Modifation (sic) of Discovery Stay” [Doc. No. 166] is
DENIED. There is no stay as to which such a modification may be directed.
Dated this 22nd day of May, 2012.

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