Lee v. Shinseki

Filing 45

MINUTE ORDER denying without prejudice 43 Plaintiff's Motion to Stay this Case. By Magistrate Judge Michael J. Watanabe on 7/26/2013.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03005-CMA-MJW
KATIE V. LEE,
Plaintiff,
v.
ERIC K. SHINSEKI, Secretary - Department of Veterans Affairs,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Stay this Case (Docket No. 43) is
DENIED without prejudice. Plaintiff has failed to confer with opposing counsel as
required by D.C.COLO.LCivR 7.1A. The court recognizes that plaintiff is proceeding pro
se. However, plaintiff is not entitled to the application of different rules. Montoya v.
Chao, 296 F.3d 952, 957 (10th Cir. 2002).
Furthermore, plaintiff does not specify what efforts she has made to secure the
return of her computer. In addition, plaintiff provides no detail as to what documents
she requires off of her computer and how those documents are necessary for the
prosecution of this matter. Accordingly, the court finds that plaintiff has failed to show
good cause. See Ind v. Rusher, No. 12-cv-00997-WJM-KLM, 2012 WL 5389823, at *1
(D. Colo. Nov. 5, 2012) (stating that the party seeking a stay has the burden to
demonstrate good cause and cannot sustain that burden through conclusory
statements); see also Commodity Futures Trading Comm’n v. Chilcott Portfolio Mgmt.,
Inc., 713 F.2d 1477, 1484 (10th Cir. 1983) (stating that “the right to proceed in court
should not be denied except under the most extreme circumstances”).
Date: July 26, 2013