Spence v. Cabiling

Filing 30

MINUTE ORDER denying without prejudice 19 Defendant's Motion to Dismiss Amended Complaint, denying without prejudice 22 Defendant's Motion to Stay Discovery, and denying as moot 26 Plaintiff's Motion for Extension of Time to File Response as to Motion to Dismiss. Defendant shall respond to the Second Amended Complaint pursuant to Fed. R. Civ. P. 15(a); if he chooses to do so, Defendant may re-file his motion to dismiss and/or motion to stay discovery, both of which will pertain to Plaintiff's Second Amended Complaint. By Magistrate Judge Michael E. Hegarty on 9/15/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01027-CMA-MEH
PAUL W. SPENCE,
Plaintiff,
v.
LOUIS CABILING, MD, DOC,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on September 15, 2011.
Before the Court are Defendant’s Motion to Dismiss Amended Complaint [filed September
6, 2011; docket #19], Defendant’s Motion to Stay Discovery [filed September 13, 2011; docket #22],
and Plaintiff’s Motion for Extension of Time to File Response as to Motion to Dismiss [filed
September 13, 2011; docket #26]. At the status conference on September 15, 2011, the Court noted
that an “Amended Complaint” filed by Plaintiff on June 16, 2011 [docket #11] was not accepted as
filed in a subsequent order issued by Judge Babcock on June 17, 2011 [docket #12]. Because
Defendant’s Motion to Dismiss and Defendant’s Motion to Stay pertain to the non-operative
“Amended Complaint,” Defendant’s motions are denied without prejudice. Plaintiff’s Motion for
Extension of Time to File Response as to Motion to Dismiss is denied as moot.
At the September 15, 2011 status conference, the Court ordered that Plaintiff file a Second
Amended Complaint that is consistent with Judge Babcock’s June 17, 2011 order on or before
October 3, 2011 [docket #29]. Defendant shall respond to the Second Amended Complaint pursuant
to Fed. R. Civ. P. 15(a); if he chooses to do so, Defendant may re-file his motion to dismiss and/or
motion to stay discovery, both of which will pertain to Plaintiff’s Second Amended Complaint.