OneSource Commercial Property Services, Inc. et al v. City and County of Denver et al

Filing 54

MINUTE ORDER denying without prejudice 50 Motion to Stay Discovery. Scheduling Conference reset for 3/8/2011 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 12/17/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-02273-CMA-KLM ONESOURCE COMMERCIAL PROPERTY SERVICES, INC., a Colorado corporation, and AFFORDABLE SWEEPING, INC., a Colorado corporation, Plaintiffs, v. CITY AND COUNTY OF DENVER, a municipal corporation, APRIL HENDERSON, CALVIN BLACK, KEN GREENE, and XAVIER DURAN, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant City and County of Denver's Motion to Stay Discovery [Docket No. 50; Filed December 14, 2010] (the "Motion"). Plaintiffs are opposed to the relief sought. However, I note that no Scheduling Conference has been held in this case and there is no record that the parties have conducted a Fed. R. Civ. P. 26(f) conference. As such, the time for taking discovery is not ripe. Fed. R. Civ. P. 26(a)(1)(C) & (d). Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED without prejudice. IT IS FURTHER ORDERED that the Court sua sponte vacates the Scheduling Conference set for January 11, 2011 at 10:30 a.m. and RESETS it to March 8, 2011 at 10:30 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. Deadline for submission of the proposed scheduling order is on or before March 3, 2011. Parties shall submit a brief Confidential Settlement Statement to [e-mail]. on or before March 3, 2011. Parties not participating in ECF shall submit their confidential settlement statement, on paper by delivering to the

office of the Clerk of the Court or by mailing directly to Magistrate Judge Mix at the Byron G. Rogers U.S. Courthouse. The envelopes shall be marked "Private per Magistrate Judge Mix' Orders." Anyone seeking entry into the Byron G. Rogers United States Courthouse must show valid photo identification. See D.C.COLO.LCivR 83.2(B). Until, such time as the Rule 26(f) conference occurs, no discovery is permitted. Dated: December 17, 2010