Shrader v. Biddinger et al

Filing 77

ORDER. The Recommendation of United States Magistrate Judge and Order 66 filed 1/20/2011, is respectfully REJECTED as moot. The Motion of Defendants Wave 59 Technologies Intl, Inc., and Earik Beann To Close Matter Administratively or, in the Alter native, To Stay Proceedings 34 , filed 12/3/2010, is DENIED AS MOOT. Defendant Biddingers Motion To Dismiss Plaintiffs Complaint for Lack of Personal Jurisdiction and Failure To State a Claim and for Sanctions and Attorneys [sic] Fees 7 , filed 10/6/2010, is REFERRED to the magistrate judge for further findings. By Judge Robert E. Blackburn on 3/8/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 10-cv-01881-REB­MJW GREG SHRADER, Plaintiff, v. DR. ALAN BIDDINGER, EARIK BEANN, WAVE 59 TECHNOLOGIES INT'L INC., owners and officers, WILLIAM BRADSTREET STEWART, INSTITUTE OF COSMOLOGICAL ECONOMICS, and SACRED SCIENCE INSTITUTE, Defendants.

ORDER REJECTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the magistrate judge's Recommendation on (1) Motion of Defendants Wave 59 Technologies Int'l, Inc., and Earik Beann To Close Matter Administratively or, in the Alternative, To Stay Proceedings (Docket No. 34) and (2) Defendant Biddinger's Motion To Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction and Failure To State a Claim and for Sanctions and Attorneys' [sic] Fees (Docket No. 7) [#66]1 filed February 10, 2011. The magistrate judge recommends that this case be closed administratively pending a ruling by the United States Court of Appeals for the Tenth Circuit in a related case filed by plaintiff in Oklahoma. Although no objections to the recommendation were filed within the time allowed by law, the day after the deadline elapsed, the court received notice from the parties that the Tenth

"[#66]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.

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Circuit had issued its ruling in the Oklahoma case. (Notice of Decision in Related Case [#72] filed March 1, 2011.) Thus, it appears that the recommendation to grant the motion to stay on the basis of the pendency of the Tenth Circuit appeal is moot. This development also makes defendant Biddinger's motion to dismiss viable and ready for determination. Accordingly, I respectfully reject the recommendation to grant the motion to stay and rerefer the motion to dismiss for lack of personal jurisdiction to the magistrate judge for further consideration. THEREFORE IT IS ORDERED as follows 1. That the Recommendation of United States Magistrate Judge and Order [#66] filed January 20, 2011, is respectfully REJECTED as moot; 2. That the Motion of Defendants Wave 59 Technologies Int'l, Inc., and Earik Beann To Close Matter Administratively or, in the Alternative, To Stay Proceedings [#34], filed December 3, 2010, is DENIED AS MOOT; 3. That Defendant Biddinger's Motion To Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction and Failure To State a Claim and for Sanctions and Attorneys' [sic] Fees [#7], filed October 6, 2010, is REFERRED to the magistrate judge for further findings. Dated March 8, 2011, at Denver, Colorado. BY THE COURT:

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