Trpisovsky v. Pusey et al

Filing 35

ORDER granting 25 Defendants' Motion to Stay Pending Resolution of Related Securities Actions. The scheduling conference set for 03/29/2011 at 2:30 PM and the deadlines established in 3 Order are VACATED. At the earlier of the filing of an answer or a ruling on any motion to dismiss in either Case No. 11-cv-00163-REB-KMT or 11-cv-00165-REB-KMT the parties shall file status reports addressing the status of those cases and the propriety of lifting or continuing the stay, by Magistrate Judge Boyd N. Boland on 03/15/2011.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 11-cv-00023-PAB-BNB FRANK TRPISOVSKY, Derivatively on Behalf of ASPENBIO PHARMA, INC., Plaintiff, v. GREGORY S. PUSEY, JEFFREY G. MCGONEGAL, MARK COLGIN, DOUGLAS I. HEPLER, GAIL S. SCHOETTLER, DARYL J. FAULKNER, DAIVD E. WELCH, MICHAEL R. MERSON, MARK J. RATAIN, JOHN H. LANDON, STEPHEN T. LUNDY, RICHARD G. DONNELLY, and ROBERT F. CASPARI, Defendants, and ASPENBIO PHARMA, INC., a Colorado corporation, Nominal Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on Defendants' Motion to Stay Pending Resolution of Related Securities Actions [Doc. # 25, filed 2/16/2011] (the "Motion to Stay"). I held a hearing on the Motion to Stay this afternoon and made rulings on the record, which are incorporated here. For the reasons stated on the record, IT IS ORDERED:

(1) (2)

The Motion to Stay [Doc. # 25] is GRANTED; The scheduling conference set for March 29, 2011, at 2:30 p.m., and the deadlines

established in my Order [Doc. # 3, filed 1/21/2011] are VACATED; and (3) At the earlier of the filing of an answer or a ruling on any motion to dismiss in

either Case No. 11-cv-00163-REB-KMT (the "Chipman Action") or 11-cv-00165-REB-KMT (the "Class Action"), the parties shall file status reports addressing the status of those cases and the propriety of lifting or continuing the stay. Dated March 15, 2011. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

2