Western States Enterprises, Inc. et al v. Land et al

Filing 22

ORDER STAYING CASE. 19 Joint Motion to Approve Stipulation...to Stay Proceedings Pending Determination of Motion to Dismiss [Docket No. 11 ] and Resolution of Adams County Colorado District Court Proceedings is granted. The parties' 18 Stip ulation is approved and the matter is stayed pending a determination on the Motion to Dismiss and resolution of parallel state court litigation. 20 Joint Motion for Settlement Conference with Magistrate [Judge] is denied without prejudice. By Magistrate Judge Kristen L. Mix on 7/6/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00719-WDM-KLM
WESTERN STATES ENTERPRISES, INC., and
STEPHANIE DIETTE,
Plaintiffs,
v.
LLOYD LAND, and
EILEEN LAND,
Defendants.
_____________________________________________________________________
ORDER STAYING CASE
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Joint Motion to Approve Stipulation
. . . to Stay Proceedings Pending Determination of Motion to Dismiss [Docket No. 11]
and Resolution of Adams County Colorado District Court Proceedings [Docket No.
19; Filed July 1, 2011] (“Motion to Stay”) and Joint Motion for Settlement Conference
with Magistrate [Judge] [Docket No. 20; Filed July 1, 2011] (“Motion for Settlement
Conference”).
IT IS HEREBY ORDERED that the Motion to Stay [#19] is GRANTED. Although a
stay of the case is generally disfavored, the Court has broad discretion to stay an action
while a dispositive motion is pending pursuant to Fed. R. Civ. P. 26(c). String Cheese
Incident, LLC v. Stylus Shows, Inc., No. 1:02-cv-01934-LTB-PAC, 2006 WL 894955, at *2
(D. Colo. Mar. 30, 2006) (unpublished decision). Moreover, the parties contend that there
is parallel state court litigation, the outcome of which may impact the case. The state court

case is scheduled for trial in July. Under these unique circumstances, the Court agrees
that a stay of the case is appropriate. Accordingly,
IT IS FURTHER ORDERED that the parties’ Stipulation [Docket No. 18] is approved
and the matter is STAYED pending a determination on the Motion to Dismiss and
resolution of parallel state court litigation. If the Motion to Dismiss is denied, and the
decision is entered prior to resolution of the state court case, the parties shall file a joint
status report within five (5) business days of the decision alerting the Court as to the status
of the state court case.
IT IS FURTHER ORDERED that the Motion for Settlement Conference [#20] is
DENIED without prejudice, in light of the Court’s current calendar, the settlement
positions expressed by the parties in their previously submitted Confidential Settlement
Statements and the pending state court trial. The parties may renew their request for a
settlement conference after completion of the state court trial, if they so desire.

Dated: July 6, 2011
BY THE COURT:
s/ Kristen L. Mix
United States Magistrate Judge
Kristen L. Mix