McArthur v. Source Gas LLC

Filing 119

ORDER. The parties Joint Stipulated Motion To Vacate Trial Date and Final Trial Preparation Conference 116 filed 12/30/2011, is GRANTED. The Trial Preparation Conference currently scheduled for F1/6/2012, at 2:00 p.m., as well as the trial to the court, currently scheduled to commence on 1/9/2012 are VACATED and CONTINUED WITHOUT DATE pending further order of this court. Defendants Unopposed Motion for Extension of Time To File Its Proposed Findings of Fact and Conclusions of Law 117 filed 12/30/2011, is GRANTED. By Judge Robert E. Blackburn on 1/4/2012.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-02327-REB-MJW
CAMERON McARTHUR,
Plaintiff,
v.
SOURCE GAS LLC,
Defendant.

ORDER GRANTING JOINT STIPULATED MOTION TO VACATE
TRIAL DATE AND FINAL TRIAL PREPARATION CONFERENCE
Blackburn, J.
The matters before me are (1) the parties’ Joint Stipulated Motion To Vacate Trial
Date and Final Trial Preparation Conference [#116]1 filed December 30, 2011; and (2)
Defendant’s Unopposed Motion for Extension of Time To File Its Proposed Findings of
Fact and Conclusions of Law [#117] filed December 30, 2011. Per force, I grant the motions.
The case is set to commence a trial to the court without a jury on January 9, 2012. On
December 20, 2011, the magistrate judge issued his Recommendation on Defendant’s
Motion To Dismiss and for Sanctions (Docket No. 73) and Defendant’s Motion for
Summary Judgment (Docket No. 100) [#114], recommending that defendant’s motion for
summary judgment be granted or, alternatively, that its motion to dismiss be granted. On
January 3, 2012, the plaintiff filed objections to the recommendation. See [#118].
Although I will give prompt attention to the recommendation and the related objections, I
can not represent that I can rule on the recommendation before commencement of trial on

1

“[#116]” 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.

Monday, January 9, 2012.2 Thus, neither of my only two options is ideal: I can vacate the trial,
continuing it without date until I rule on the recommendation, or I can proceed to trial as set with
the recommendation to dismiss pending. Consistent with the letter and spirit of Fed. R. Civ. P. 1,
I conclude that the unfortunate chronology of pretrial events necessitates the granting of the
instant motions.
THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Joint Stipulated Motion To Vacate Trial Date and Final Trial
Preparation Conference [#116] filed December 30, 2011, is GRANTED;
2. That the Trial Preparation Conference currently scheduled for Friday, January 6,
2012, at 2:00 p.m., as well as the trial to the court, currently scheduled to commence on
Monday, January 9, 2012, are VACATED and CONTINUED WITHOUT DATE pending further
order of this court; and
3. That Defendant’s Unopposed Motion for Extension of Time To File Its Proposed
Findings of Fact and Conclusions of Law [#117] filed December 30, 2011, is GRANTED.
Dated January 4, 2012, at Denver, Colorado.
BY THE COURT:

2

I am aware also of Fed. R. Civ. P. 72(b)(2), which provides relevantly that “[a] party may respond
to another party’s objections within 14 days after being served with a copy.”

2