Prater et al v. Bank of New York Mellon, The et al

Filing 62

MINUTE ORDER granting 60 Defendants Bank of New York Mellon and First Horizon's Unopposed Motion Stay Discovery, by Magistrate Judge Michael E. Hegarty on 6/23/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 10-cv-02995-WJM-MEH
LYNN PRATER, and
JOHN PRATER,
Plaintiffs,
v.
THE BANK OF NEW YORK MELLON, formerly known as the Bank of New York,
FIRST HORIZON NATIONAL BANK,
ARONOWITZ & MECKELBERG, LLP, and
THE STATE OF COLORADO,
Defendants.

MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on June 23, 2011.
In light of the Court’s discretion to impose a stay of discovery, Defendants Bank of New
York Mellon and First Horizon’s Unopposed Motion Stay Discovery [filed June 22, 2011; docket
#60] is granted. See Clinton v. Jones, 520 U.S. 681, 706-07 (1997) (citation omitted) (“The District
Court has broad discretion to stay proceedings as an incident to its power to control its own
docket.”). The Court previously recommended that the Plaintiffs’ Amended Complaint, in its
entirety, be dismissed without prejudice. (Docket #53.) Additionally, Defendants recently
submitted a Suggestion of Bankruptcy indicating Plaintiff John Prater filed for Chapter 7 bankruptcy
on May 21, 2011. (Docket #59.) In consideration of these events and in the interests of judicial
efficiency and economy, the Court believes a stay of discovery is appropriate here. Accordingly,
discovery is hereby stayed pending further order by the Court.