Jane Doe #1 et al v. Boulder Valley School District No. RE-2 et al

Filing 88

ORDER. This case shall remain administratively closed pursuant to D.C.COLO.LCivR 41.2. Either party may seek to reopen this matter for good cause, including final resolution of Mr. Masse's criminal appeal. By Judge Philip A. Brimmer on 8/28/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-02107-PAB-KLM
JANE DOE # 1,
JANE DOE # 2, and
JANE DOE # 3,
Plaintiffs,
v.
TRAVIS JON MASSE and
MATT SCHMIDT,
Defendants.

ORDER

This matter is before the Court on the Joint Status Report [Docket No. 86] filed
by plaintiffs Jane Does #1-3 and defendants Travis Jon Masse and Matt Schmidt.
Plaintiffs filed this case on August 11, 2011. In their amended complaint,
plaintiffs brought seven claims for relief against nine defendants. See Docket No. 41.
On September 25, 2012, the Court dismissed seven defendants from the case as well
as five of plaintiffs’ claims for relief. Docket No. 58 at 24. After the Court’s September
25, 2012 order, plaintiffs’ only remaining claims were those against defendants Matt
Schmidt and Travis Jon Masse for violations of the Colorado Child Protection Act of
1987, Colo. Rev. Stat. § 19-3-301 et seq., and plaintiffs’ claim against defendant Travis
Jon Masse for violations of plaintiffs’ Fourteenth Amendment Equal Protection and Due
Process rights.

On October 24, 2012, plaintiffs filed an Unopposed Motion for Entry of Judgment
under Fed. R. Civ. P. 54(b) [Docket No. 62] requesting that the Court certify the
September 25, 2012 order as final. In addition, plaintiffs requested that the Court stay
the litigation pending their anticipated appeal to the Tenth Circuit. Docket No. 62 at 3.
On November 16, 2012, the Court granted plaintiffs’ motion for entry of judgment and
administratively closed the case pending the resolution of plaintiffs’ appeal. Docket No.
76 at 5. On August, 1, 2013, the Tenth Circuit affirmed the September 25, 2012 order.
Docket No. 85.
In the status report, the parties state that defendant Travis Jon Masse is
currently appealing his related state court criminal conviction and request that the Court
stay the case until the resolution of Mr. Masse’s appeal. Docket No. 86 at 2.
The Court finds that there is good cause to continue the administrative closure of
this case.
Accordingly, it is
ORDERED that this case shall remain administratively closed pursuant to
D.C.COLO.LCivR 41.2. Either party may seek to reopen this matter for good cause,
including final resolution of Mr. Masse’s criminal appeal.

DATED August 28, 2013.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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