Nova Leasing, LLC v. Sun River Energy, Inc. et al

Filing 118

ORDER: granting 116 Unopposed Motion to Vacate Scheduling Order, Pre-Trial Conference and Pre-Trial Order Deadlines. Status Report due by 5/31/2012. Final Pretrial Conference reset for 5/31/2012 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 4/27/12.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00689-CMA-BNB
NOVA LEASING, LLC,
Plaintiff,
v.
SUN RIVER ENERGY, INC.,
MOUNTAIN SHARE TRANSFER, INC.,
HARRY N. MCMILLAN, an individual
CICERONE CORPORATE DEVELOPMENT, a Texas limited liability company, and
J.H. BRECH, LLC, a Texas limited liability company,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the Unopposed Motion to Vacate Scheduling Order, Pre-Trial
Conference and Pre-Trial Order Deadlines [Doc. # 116, filed 4/26/2012] (the “Motion”),
which is GRANTED.
The Motion recites that a Scheduling Order was entered on May 27, 2012. Scheduling
Order [Doc. # 37]. The Scheduling Order set a discovery cut-off of October 31, 2011; a
dispositive motion deadline of November 30, 2011; and a pretrial conference for May 31, 2012.
Subsequently, a motion to dismiss the federal securities fraud claim resulted in a stay of
discovery under the Private Securities Litigation Reform Act. See 15 U.S.C. §78u-4(b)(3)(B).
In addition, an involuntary petition was filed against defendant Harry N. McMillan, resulting in
an automatic bankruptcy stay of the plaintiff’s claims against him.

I am informed that no discovery has occurred. The case obviously is not postured for a
final pretrial conference.
IT IS ORDERED:
(1)

The Motion [Doc. # 116] is GRANTED, and the final pretrial conference set for

May 31, 2012, at 9:00 a.m., and related deadlines are VACATED; and
(2)

The plaintiff shall submit a status report on or before May 31, 2012.

Dated April 27, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2