Dowling v. Mountain States Line Constructors Joint Apprenticeship and Training Committee

Filing 18

MINUTE ORDER denying 15 Defendant's Motion to Stay all Proceedings Pending Decision on Defendant's Motion to Dismiss Motion to Stay, by Magistrate Judge Kathleen M. Tafoya on 4/9/12.(mjgsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 11–cv–02697–REB–KMT THERESA L. DOWLING, Plaintiff, v. MOUNTAIN STATES LINE CONSTRUCTORS JOINT APPRENTICESHIP AND TRAINING COMMITTEE, Defendant. MINUTE ORDER ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA “Defendant’s Motion to Stay all Proceedings Pending Decision on Defendant’s Motion to Dismiss” (Doc. No. 15, filed Apr. 4, 2012) is DENIED. Despite the fact that stays are disfavored in this district, see, e.g., Wason Ranch Corp. v. Hecla Mining Co., No. 07-cv-00267-EWN-MEH, 2007 WL 1655362, at *1 (D. Colo. June 6, 2007), Defendant has not cited any authority to support its position that a stay of all proceedings would be appropriate in this case. Nor has Defendant addressed the factors typically considered in this district to determine the propriety of a stay. See String Cheese Incident, LLC v. Stylus Shows, Inc., No. 02-cv-01934-LTB-PA, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006).1 Dated: April 9, 2012 1 In support of its Motion, Defendant points out that Plaintiff has failed to contact Defendant to engage in the scheduling/planning conference. The court notes that in two other cases filed by the same Plaintiff, the court has entered orders to show cause based on Plaintiff’s failure to participate in the Fed. R. Civ. P. 26(f) scheduling/planning conference and in preparing the proposed scheduling order. (See Doc. No. 20, Case No. 11-cv-2696-REB-KMT; Doc. No. 21, Case. No. 11-cv-2695-REB-KMT.) Should it appear that Plaintiff has again failed to participate in these court-ordered requirements, the court will consider issuing an order to show cause in this case as well.

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