Carbajal v. Warner et al

Filing 609

ORDER Reopening Case and Staying Proceedings. Motion to Reopen Case 604 is Granted. Motion to Reopen Case 605 is Denied as Moot. The clerk is DIRECTED to reopen this civil action by Judge Robert E. Blackburn on 07/17/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-02862-REB-KLM
DEAN CARBAJAL,
Plaintiffs,
v.
CAROL WARNER, et al.,
Defendants.

ORDER REOPENING CASE
& STAYING PROCEEDINGS
Blackburn, J.
This matter is before the court on (1) Plaintiff Dean Carbajal’s Motion To ReOpen Case [#604]1 filed May 12, 2014; and (2) Plaintiff Dean Carbajal’s Motion To
Re-Open Case [#605] filed May 14, 2014. With some exceptions of little consequence,
the second motion is a duplicate of the first. I grant the first motion [#604] on the terms
stated in this order and deny the second motion [#605] as moot.
On March 27, 2014, I entered an order [#598] imposing sanctions against the
plaintiff as a result of his willful failure to attend his deposition. The plaintiff, Dean
Carbajal, has satisfied the conditions stated in the order [#598] for the re-opening of this
case. However, except for the deposition of the plaintiff and any proceedings related to
that deposition, all other actions and proceedings in this case is stayed until the plaintiff

1

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

has attended all depositions properly noticed by any of the defendants.
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff Dean Carbajal’s Motion To Re-Open Case [#604] filed May
12, 2014, is GRANTED;
2. That Plaintiff Dean Carbajal’s Motion To Re-Open Case [#605] filed May
14, 2014, largely a duplicate of [#604], is DENIED as moot;
3. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to reopen this civil
action;
4. That except for depositions of the plaintiff noticed by one or more of the
defendants and proceedings related to those depositions, all other actions and
proceedings in this case are STAYED until the plaintiff, Dean Carbajal, has been fully
deposed in all depositions properly noticed by the defendants and the court has lifted
this stay;
5. That by August 8, 2014, any defendant who wishes to depose Mr. Carbajal
SHALL SERVE a notice of deposition on Mr. Carbajal under the procedures established
in the Federal Rules of Civil Procedure and the Local Rules of Practice of the United
States District Court for the District of Colorado - Civil;
6. That any deposition of Mr. Carbajal by any defendant shall be completed by
October 1, 2014;
7. That within 20 days after the plaintiff has been fully deposed in all depositions
properly noticed by the defendants, the plaintiff SHALL FILE a written statement signed
and verified by him under penalty of perjury, indicating that he has been fully
deposed in each and every deposition properly noticed by any defendant in this case
and that he has cooperated fully in each and every such deposition;
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8. That the written statement filed by the plaintiff under the terms of paragraph
seven (7) of this order SHALL SPECIFY (a) each defendant or defendant group who
properly noticed a deposition of the plaintiff; and (b) the date or dates on which each
such defendant or defendant group conducted a deposition of the plaintiff; and
9. That no later than 20 days after the plaintiff files a statement as specified in
paragraphs seven (7) and eight (8) above, a defendant MAY FILE a response to the
statement.
Dated July 17, 2014, at Denver, Colorado.
BY THE COURT:

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