Schupper v. Cafasso et al

Filing 228

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 04/21/16 GRANTING IN PART and DENYING IN PART 226 Defendants' Supplemental Joint Motion to Stay Discovery and Vacate Scheduling Conference, Scheduling Conference set for 5/6/16 is vacated. Discovery is stayed. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01853-WYD-NYW
SANFORD B. SCHUPPER,
Plaintiff,
v.
ROBYN CAFASSO,
WILLIAM EDIE,
JEANNE SMITH,
DAVID ZOOK,
JOHN NEWSOME,
DAN MAY,
LINDA DIX
RAYMOND SANTISTEVAN,
RONALD WILKINS,
ANDREA WALTON,
DEBBI PARR,
JOHN RUSZCZYK (all in their individual and official capacities), and
JOHN DOE, JANE DOES, DOES I-X,
Defendants.

MINUTE ORDER
Entered by Magistrate Judge Nina Y. Wang
This matter is before the court on Defendants’ Supplemental Joint Motion to Stay
Discovery and Vacate Scheduling Conference (the “Motion”). [#226, filed Apr. 14, 2016]. The
undersigned Magistrate Judge considers the Motion pursuant to the Order of Reference dated
August 6, 2010 [#2], the Order dated September 30, 2015 [#187], and the Memorandum dated
April 14, 2016 [#227].
The court has carefully considered Defendants’ arguments in the Motion, the applicable
case law, and the history of this case. Accordingly, IT IS ORDERED that:
(1)

Defendants’ Joint Motion to Stay Discovery and Vacate Scheduling Conference
[#220] is GRANTEDIN PART and DENIED IN PART;

(2)

The Scheduling Conference previously set for May 6, 2016 is VACATED;

(3)
Discovery is STAYED pending a Recommendation on the State Defendants’
Renewed Motion to Dismiss [#223] and the District Attorney Defendants’ Motion to Dismiss
Plaintiff’s Complaint with Supplements (Docs. 1, 30, 49) [#202] (collectively, the “Motions to
Dismiss”); and
(4)
To the extent that the Recommendation contemplates any claim surviving in this
action, Defendants must contact Magistrate Judge Wang’s Chambers at [phone] within 7
days of such Recommendation to set a new date and time for the Scheduling Conference.

DATED: April 21, 2016