Reyes v. Snowcap Creamery, Inc. et al

Filing 35

ORDER re: 28 OBJECTION/Appeal of Magistrate Judge Decision filed by Plaintiff Jonathan Reyes. The deadline for completion of discovery of September 21, 2012 and the deadline for filing dispositive motions of October 22, 2012 are hereby VACATED . Further, the Final Pretrial Conference set for December 18, 2012 is also VACATED. The parties are to file a status report within five days of the ruling by the District Court on Plaintiffs Objections [Doc. No. 28] addressing the need for further discovery and scheduling based on the outcome of the District Courts ruling. by Magistrate Judge Kathleen M. Tafoya on 09/19/12. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–02755–WJM–KMT

JONATHAN REYES,
Plaintiff,
v.
SNOWCAP CREAMERY, INC.,
EMILY ARNOLD, and
ROBERT ARNOLD,
Defendants.

ORDER

On September 12, 2012, Plaintiff filed a motion to stay compliance with the Magistrate
Judge’s ruling made on August 8, 2012 [Doc. No. 27] to which Plaintiff had filed an objection
on August 22, 2012 [Doc. No. 28].1 The Defendants filed their response to Plaintiff’s objection
to the Magistrate Judge’s ruling on September 4, 2012. [Doc. No. 30.]

1

Plaintiff purposefully chose to bypass D.C.COLO.LCivR 30.2.B which provides “[A]ny
stay of the magistrate judge’s order must be sought and obtained separately by motion filed
initially with the magistrate judge, and if denied, then with the assigned district court judge.”
Plaintiff instead filed his motion [Doc. No. 31] indicating he was specifically requesting a stay
from “. . . Judge William J. Martinez, at the Alfred A. Arraj United States Courthouse, 901 19th
Street, Denver, Colorado 80294-3589, at the time scheduled by the Court, for an order (1)
staying Magistrate Judge Tafoya’s Order of August 8, 2012 pending the Court’s ruling on
Plaintiff’s objection to that order filed on August 22, 2012 and (2) extending all upcoming
deadlines by 63 days.”

On September 13, 2012, the District Court granted the stay temporarily relieving the
Plaintiff from his obligation to produce documents as ordered by the Magistrate Judge [Doc. No.
32] “until the Court rules on his 28 Objection to Magistrate Judge Tafoya’s 27 Order on
Defendants’ Motion to Compel.” District Judge Martínez referred the request for extension of
discovery deadlines to this court.
The discovery deadline in this case had been extended until September 21, 2012 for the
sole purpose of allowing the Defendants time, subsequent to the production of documents as
ordered by the Magistrate Judge, to complete a continued deposition of Plaintiff. The dispositive
motion deadline was continued to October 22, 2012, and the Final Pretrial Conference was set
for December 18, 2012 at 9:45 a.m. Whether any additional time for discovery in this case will
be warranted is now dependent upon the District Court’s ruling on the plaintiff’s objection.
Further, selection of a reasonable date within which to set a dispositive motion deadline and a
Final Pretrial Conference are likewise dependent upon the timing of the District Court’s ruling.
Therefore, it is ORDERED
The deadline for completion of discovery of September 21, 2012 and the deadline for
filing dispositive motions of October 22, 2012 are hereby VACATED. Further, the Final
Pretrial Conference set for December 18, 2012 is also VACATED.

2

It is further ORDERED
The parties are to file a status report within five days of the ruling by the District Court
on Plaintiff’s Objections [Doc. No. 28] addressing the need for further discovery and scheduling
based on the outcome of the District Court’s ruling.
Dated this 19th day of September, 2012.

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