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

Filing 207

ORDER. ORDERED that Plaintiffs= Unopposed Motion for Leave to File Reply Brief and Request for Clarification of Hearing with Alternative Request for Discovery 206 is GRANTED to the extent that I will accept Plaintiffs Reply Brief for filing. All other requests are DENIED by Judge Wiley Y. Daniel on 05/30/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Wiley Y. Daniel
Civil Action No.

09-cv-02757-WYD-KMT

COLORADO CROSS-DISABILITY COALITION, a Colorado non-profit corporation;
ANITA HANSEN; and
JULIE FARRAR, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
ABERCROMBIE & FITCH CO., et al.,
Defendants.

ORDER
THIS MATTER comes before the Court on Plaintiffs= Unopposed Motion for Leave
to File Reply Brief and Request for Clarification of Hearing with Alternative Request for
Discovery (ECF No. 206).
By way of background, on March 7, 2013, I granted Plaintiff’s motion for summary
judgment and request for a permanent injunction. (ECF No. 200). However, I did not
enter an injunction at that time. Instead, I ordered the parties to meet and confer in an
attempt to craft an injunction/remedy that is mutually agreeable to both parties. (ECF
No. 200 at 21). Unsurprisingly, the parties failed to reach agreement on a proposed
permanent injunction. Thus, I set a hearing for August 16, 2013 at 10:00 a.m.
I note that throughout the pendency of this action, the parties have failed to comply
with my repeated requests to communicate and interact in a cooperative fashion. The

parties are on notice that any attempt to obstruct or further delay this action will not be
tolerated. This case was filed almost four years ago. This matter must come to a
resolution, and I am disappointed that the parties refuse to assist in bringing this case to a
close.

Accordingly, I will not authorize additional discovery prior to the August 16, 2013

hearing. At the hearing, I will hear argument and receive any admissible evidence
pertaining to a potential remedy in this case. A permanent injunction will be entered at
the hearing or shortly thereafter. It is
ORDERED that Plaintiffs= Unopposed Motion for Leave to File Reply Brief and
Request for Clarification of Hearing with Alternative Request for Discovery (ECF No. 206)
is GRANTED to the extent that I will accept Plaintiffs’ Reply Brief for filing. All other
requests are DENIED.
Dated: May 30, 2013
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE

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