One Cleveland Finance, LLC v. BR T&C Corporate Center M, LLC et al

Filing 94

Minute ORDER granting the parties' 92 Joint Motion for Extension of Stay of Proceedings and to Vacate and Re-set Hearing on Defendants' Motion for Preliminary Injunction. This litigation is STAYED through the close of business on 8/31/12. ORDERED that the Motion Hearing on Defendants' Motion for Preliminary Injunction 63 is VACATED and RESET to 9/19/12 at 1:30 p.m. in Courtroom C-204. ORDERED that the Motion to Dismiss 23 is DENIED WITHOUT PREJUDICE, by Magistrate Judge Kristen L. Mix on 8/8/12.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01438-RBJ-KLM
ONE CLEVELAND FINANCE, LLC, a Colorado limited liability company,
Plaintiff,
v.
BR T&C CORPORATE CENTER M, LLC, a Delaware limited liability company,
BLUEROCK REAL ESTATE, LLC, a Delaware limited liability company,
BR TOWN & COUNTRY CORPORATE CENTER, DST, a Delaware statutory trust,
BR T&C CORPORATE CENTER DST MANAGER, LLC, a Delaware limited liability
company,
BR T&C CORPORATE CENTER LEASECO, LLC, a Delaware limited liability company,
and
RAMIN KAMFAR, individually,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Joint Motion for Extension of Stay
of Proceedings and to Vacate and Re-set Hearing on Defendants’ Motion for
Preliminary Injunction [Docket No. 92; Filed August 7, 2012] (the “Motion to Extend”) and
on Defendants’ Motion to Dismiss Amended Complaint or, in the Alternative, to
Transfer Pursuant to 28 U.S.C. § 1404(a) [Docket No. 23; Filed August 15, 2011] (the
“Motion to Dismiss”). A stay imposed by the Court on June 21, 2012 expired on August 6,
2012. See Minute Order [#90]. The parties have notified the Court that they hope to settle
this matter by August 31, 2012 and therefore seek an extension of the stay through that
date. Accordingly,
IT IS HEREBY ORDERED that the Motion to Extend [#92] is GRANTED. This
litigation is STAYED through the close of business on August 31, 2012.
IT IS FURTHER ORDERED that the Motion Hearing on Defendants’ Motion for
Preliminary Injunction [#63] set for August 15, 2012 at 8:30 a.m. is VACATED and RESET
to September 19, 2012 at 1:30 p.m. in Courtroom C-204 of the Byron G. Rogers United
States Courthouse.
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IT IS FURTHER ORDERED that any amendments to the already-filed joint witness
and exhibit lists shall be filed on or before September 14, 2012.
IT IS FURTHER ORDERED that on or before September 12, 2012, counsel shall
notify my courtroom deputy of any need for special accommodations for any attorney, party
or witness, and of any need for technological equipment, for the purposes of presenting
evidence or otherwise. My courtroom deputy’s name is Monique Wiles. She can be reached
at [phone].
In addition, in consideration of the current status of the case,
IT IS FURTHER ORDERED that the Motion to Dismiss [#23] is DENIED WITHOUT
PREJUDICE. If appropriate, Defendants may file an amended motion to dismiss after the
stay in this matter is lifted.

Dated: August 8, 2012

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