Albano v. Molycorp, Inc. et al
MINUTE ORDER. The parties Joint Motion to Vacate Rule 16(b) Scheduling Conference and Related Deadlines or in the Alternative for Clarification 51 is GRANTED and the Scheduling Conference set for 6/18/2012 is VACATED. by Magistrate Judge Kathleen M. Tafoya on 6/5/2012.(sahsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–00292–WJM–KMT
ANGELO ALBANO, Individually and on Behalf of All Others Similarly Situated,
MARK A. SMITH, and
JAMES S. ALLEN,
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on the parties’ “Joint Motion to Vacate Rule 16(b) Scheduling
Conference and Related Deadlines or in the Alternative for Clarification.” (Doc. No. 51, filed
June 4, 2012.)
The court does not opine on case law, cited by the parties, holding that the automatic stay
provided for by the Private Securities Litigation Reform Act (PLSRA) applies when a defendant
indicates an intention to file a motion to dismiss. See 15 U.S.C. § 78u-4(b)(3)(B) (“all discovery
and other proceedings shall be stayed during the pendency of any motion to dismiss . . . .”); see
also Spears v. Metro Life Ins., No. 2:07-CV-00088-RL-PRC, 2007 WL 1468697, at *3 (N.D.
Ind. May 17, 2007) (noting that “courts have found that [Section 78u-4(b)(3)(B)’s] stay
provision applies even though a motion to dismiss has not yet been filed.”). Nevertheless, the
court finds that the unique procedures governing this PLSRA action constitute good cause to
forgo Fed. R. Civ. P. 16(b)(2)’s time constraints for holding the Scheduling Conference.
Accordingly, the parties’ Motion (Doc. No. 51) is GRANTED and the Scheduling Conference
set for June 18, 2012 is VACATED. No later than five (5) days after Defendants answer or
otherwise respond, the parties shall file a Joint Status Report advising the court whether this case
should be stayed pursuant to Section 78u-4(b)(3)(B) or, alternatively, whether the Scheduling
Conference should be reset.
Dated: June 5, 2012
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