Graham et al v. Durschlag

Filing 31

ORDER GRANTING STIPULATED MOTION TO STAY. Order denying as moot 28 Motion to Stay Lawsuit and Compel Arbitration. Order granting 29 Stipulated Motion To Stay This Case and Submit All Claims to Binding Arbitration. This case is STAYED pending completion of arbitration. By Judge Robert E. Blackburn on 9/7/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-00623-REB-KMT
MARK GRAHAM, individually, and
MARK GRAHAM COMMUNICATIONS, LLC, a Colorado Limited Liability Company,
Plaintiffs,
v.
M.E. HANK DURSCHLAG,
Defendant.

ORDER GRANTING STIPULATED MOTION TO STAY
Blackburn, J.
The matter before me is the parties’ Stipulated Motion To Stay This Case and
Submit All Claims to Binding Arbitration [#29]1 filed August 27, 2012. By this
motion, the parties represent that they are in agreement that all claims presented in this
lawsuit must and will be submitted to binding arbitration.2 They thus request that this
case be stayed until completion of the arbitration.
Having considered the motion, and being advised of the premises, I find and
conclude that the motion is well-taken and should be granted.
THEREFORE, IT IS ORDERED as follows:

1

“[#29]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.
2

Concomitantly, defendant moves to withdraw his prior Motion To Stay Lawsuit and Compel
Arbitration [#28] filed August 3, 2012.

1. That the parties’ Stipulated Motion To Stay This Case and Submit All
Claims to Binding Arbitration [#29] filed August 27, 2012, is GRANTED;
2. That Defendant’s Motion To Stay Lawsuit and Compel Arbitration [#28]
filed August 3, 2012, is DENIED AS MOOT;
3. That this case is STAYED pending completion of arbitration;
4. That pursuant to the parties’ agreement, this matter SHALL BE SUBMITTED
to arbitration within thirty (30) days of this Order;
5. That the parties jointly SHALL FILE a status report when the arbitration is
filed and every one hundred and twenty (120) days thereafter until arbitration is
completed; and
6. That when arbitration is completed, the parties jointly SHALL FILE either (a) a
status report informing the court of the completion of the arbitration; (b) a motion for
entry of judgment on the arbitration decision; or (c) a motion informing the court of what
other action is requested or required to be undertaken by the court in light of the
circumstances of the matter at that time.
Dated September 7, 2012, at Denver, Colorado.
BY THE COURT:

2