Citizen Center v. Gessler et al

Filing 40

ORDER granting 39 Stipulated Motion to Deny Pending Motions and to Dismiss as Moot; denying as moot 30 Motion to Dismiss; denying as moot 31 Motion to Dismiss. Defendants' Motion to Dismiss the First Amended Complaint 37 due on 6/4/12; Plaintiffs responses to all such motions due 6/28/12. By Judge Christine M. Arguello on 5/22/12.(cmacd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-00370-CMA-MJW
CITIZEN CENTER, a Colorado nonprofit corporation,
Plaintiff,
v.
SCOTT GESSLER, in his official capacity as Colorado Secretary of State,
SHEILA REINER, in her official capacity as Mesa County Clerk & Recorder,
SCOTT DOYLE, in his official capacity as Larimer County Clerk & Recorder,
PAM ANDERSON, in her official capacity as Jefferson County Clerk & Recorder,
HILLARY HALL, in her official capacity as Boulder County Clerk & Recorder,
JOYCE RENO, in her official capacity as Chaffee County Clerk & Recorder, and
TEAK SIMONTON, in her official capacity as Eagle County Clerk & Recorder,
Defendants.

ORDER GRANTING STIPULATED MOTION TO DENY
PENDING MOTIONS TO DISMISS AS MOOT

The Court having reviewed the parties’ Stipulated Motion to Deny Pending
Motions to Dismiss as Moot and for Leave to File Excess Pages in Connection with
Defendant Clerks’ New Motion (Doc. # 39), and being fully advised in the premises,
hereby ORDERS that the Motion is GRANTED. Accordingly, it is
FURTHER ORDERED that the Secretary’s Rule 12(b)(1) Motion to Dismiss (Doc.
# 31) and the County Clerks’ Joint Motion to Dismiss (Doc. # 30) are DENIED
AS MOOT. No response by Plaintiff to these motions is necessary. It is

FURTHER ORDERED that all new motions by Defendants to dismiss the
First Amended Complaint shall be due on June 4, 2012, and Plaintiff’s responses to all
such motions shall be due on June 28, 2012. It is
FURTHER ORDERED that the Defendant Clerk and Recorders may collectively file one Joint Motion to Dismiss NO MORE THAN 35 PAGES IN LENGTH. It is
FURTHER ORDERED that Plaintiff Citizen Center is permitted to file a response
NO MORE THAN 35 PAGES IN LENGTH, in response to any Joint Motion to Dismiss
filed by Defendant Clerk and Recorders.
DATED: May

22

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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