Blixseth v. Cushman & Wakefield of Colorado, Inc et al

Filing 57

MINUTE ORDER denying without prejudice 41 Motion to Stay Pending Determination of Related Bankruptcy Appeal.. By Magistrate Judge Kristen L. Mix on 1/11/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00393-PAB-KLM
TIMOTHY L. BLIXSETH, an individual,
Plaintiff,
v.
CUSHMAN & WAKEFIELD OF COLORADO, INC., a Colorado corporation,
DEAN PAUWW, an individual and citizen of the State of Colorado,
CUSHMAN & WAKEFIELD, INC., a New York corporation,
CREDIT SUISSE AG, a Swiss corporation,
CREDIT SUISSE GROUP AG, a Swiss corporation,
CREDIT SUISSE SECURITIES (USA), LLC, a Delaware limited liability company,
CREDIT SUISSE (USA), INC, a Delaware corporation,
CREDIT SUISSE HOLDINGS (USA) INC., a Delaware corporation,
CREDIT SUISSE CAYMAN ISLAND BRANCH, an entity of unknown type, and
DOES 1-100,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants Credit Suisse AG, Credit Suisse
Securities (USA), LLC, Credit Suisse (USA), Inc., Credit Suisse Holdings, (USA) Inc.,
and Credit Suisse Cayman Island Branch’s (collectively, “Credit Suisse”) Motion to
Stay Pending Determination of Related Bankruptcy Appeal [Docket No. 41; Filed
August 14, 2012] (the “Motion”). Plaintiff has filed a Response in Opposition to Credit
Suisse’s Motion to Stay Pending Determination of Related Bankruptcy Appeal [#46;
Filed September 4, 2012]. No reply has been filed.
On September 11, 2012, this Court issued an Order [#50] granting Credit Suisse’s
Motion to Extend Discovery Stay [#42] and staying discovery pending resolution of the
Motions to Dismiss [##24, 28]. That stay remains in place. In the instant Motion, Credit
Suisse seeks a stay “[i]n the alternative to the relief sought in their pending Motion to
Dismiss.” [#41] at 1. Thus, Credit Suisse seeks relief only “to the extent this Court does
not dismiss the Complaint.” Id. at 2.

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In light of the stay currently in place and given that the relief requested in the instant
Motion is dependent upon a ruling on the Motions to Dismiss [##24, 28],
IT IS HEREBY ORDERED that the Motion [#41] is DENIED WITHOUT PREJUDICE.
Credit Suisse may re-submit the Motion in the event that the stay currently in place [#50]
is lifted following a ruling on the Motions to Dismiss [##24, 28] by the District Judge.
Dated: January 11, 2013

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