Armelin v. Donahoe

Filing 55

MINUTE ORDER denying without prejudice 37 Defendant's Motion for a More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), by Magistrate Judge Kristen L. Mix on 01/26/2012.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00048-MSK-KLM
DALE P. ARMELIN,
Plaintiff,
v.
PATRICK R. DONAHUE, Postmaster General, United States Postal Service,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion for a More Definite
Statement Pursuant to Fed. R. Civ. P. 12(e) and to Dismiss Pursuant to Fed. R. Civ.
P. 12(b)(1) and 12(b)(6) [Docket No. 37; Filed August 10, 2011] (the “Motion”). Plaintiff
filed a Response [#39] on August 23, 2011, and Defendant filed a Reply [#45] on
September 2, 2011. Also on September 2, 2011, Plaintiff filed a motion [#46] requesting
a six-month stay of all proceedings in this matter due to health issues. The Court granted
that motion on September 12, 2011, and stayed the case through March 10, 2012. See
Minute Order [#53]. The Court also ordered Plaintiff to submit a status report by March 20,
2012, stating whether he intends to proceed with this litigation. See id.
The Court observes that the Motion has been pending for a significant period.
Leaving this Motion pending for such a period is having a distortive effect on the statistical
and administrative recordkeeping of the Court. The Court could rule on the merits of the
Motion, but then any party objecting to the ruling would have to file objections, to which the
other party would have to respond, if he/it so desired. This would undermine the purpose
of the current stay. Accordingly,
IT IS HEREBY ORDERED that the Motion [#37] is DENIED without prejudice. If
Plaintiff files a Status Report by March 20, 2012, stating that he intends to proceed with this
litigation, Defendant may refile a motion pursuant to Fed. R. Civ. P. 12, if it so desires, no
later than April 10, 2012.
Dated: January 26, 2012

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