ASARCO LLC v. Union Pacific Railroad Company et al

Filing 38

MINUTE ORDER granting 31 Defendants' Joint Motion to Defer Scheduling Conference and Related Proceedings Pending Resolution of Motions to Dismiss. Scheduling Conference set on 2/11/2013 is VACATED. This case is STAYED except for consideration on the above two motions to dismiss 20 27 , noting that the parties still have time to file either a response or reply. By Magistrate Judge Michael J. Watanabe on 1/31/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03216-REB-MJW
ASARCO LLC, a Delaware limited liability company,
Plaintiff(s),
v.
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation;
UNION PACIFIC CORPORATION, a Utah corporation;
PEPSI-COLA METROPOLITAN BOTTLING CO., INC., a New Jersey corporation; and
BOTTLING GROUP, LLC, a Delaware limited liability company,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendants’ Joint Motion to Defer Scheduling
Conference and Related Proceedings Pending Resolution of Motions to Dismiss (docket
no. 31) is GRANTED for those reasons as outlined in the subject motion and for judicial
economy.
I find that Defendants Union Pacific Railroad Company’s and Union Pacific
Corporation’s Motion to Dismiss (docket no. 20) was filed with this court on January 9,
2013. The Plaintiff’s Response was just filed yesterday on January 30, 2013 (docket
no. 37). Defendant Pepsi-Cola Metropolitan Bottling Company, Inc.’s and Bottling
Group, LLC’s Motion to Dismiss (docket no. 27) was filed with the court on January 10,
2013. The Plaintiff’s Response was has not been filed yet but is due shortly. Both of
these motions (docket nos. 20 and 27) have been referred to Magistrate Judge
Watanabe for recommendation. See docket nos. 25 and 28. This court intends on
addressing both of these motions (docket nos. 20 and 27) in due course as soon as
they both become ripe for ruling. I find no prejudice to Plaintiffs in issuing a stay of this
case until such time as this court enters rulings on the above two motions (docket no.
20 and 27).
It is FURTHER ORDERED that the Rule 16 Scheduling Conference set on
February 11, 2013, at 10:00 a.m. is VACATED.
It is FURTHER ORDERED that this case is STAYED except for consideration on
the above two motions to dismiss (docket nos. 20 and 27), noting that the parties still
have time to file either a response or reply.
Date: January 31, 2013