Blunk et al v. Fenton et al

Filing 17

ORDER granting 16 Motion and Stipulation for Administrative Closure. This case will be administratively closed pursuant to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown. In furtherance of the administrative closure, the parties are ordered to submit joint status reports to the Court every six months starting December 1, 2013 by Judge Wiley Y. Daniel on 05/06/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00080-WYD-MJW
MAXIMUS T. BLUNK,
HAILEY M. BLUNK,
Plaintiffs,
v.
DR. LYNNE FENTON individually,
DR. LYNNE FENTON as an employee of
UNIVERSITY OF COLORADO,
UNIVERSITY OF COLORADO,
DOES 1 through 5, inclusive,
Defendants.

ORDER OF ADMINISTRATIVE CLOSURE

THIS MATTER is before the Court on the Motion and Stipulation for
Administrative Closure (ECF No. 16), filed May 3, 2013. By way of background,
pending in the Arapahoe County District Court, State of Colorado, is a criminal
proceeding involving defendant James Holmes. Holmes is charged with 142 criminal
offenses, including causing the deaths of twelve individuals, including Jonathan Blunk,
on July 20, 2012 in Aurora, Colorado. This is a civil action for damages arising out of
those alleged criminal offenses.
In the pending motion, the parties request that I administratively close this case
in light of the potential problems related to maintaining this civil diversity case for
damages while the Holmes criminal case is pending in the Arapahoe County District
Court. The parties respectfully request that this matter be placed on administrative hold

in order to avoid any conflict or disruption to the criminal proceeding.
After carefully reviewing the file in this matter, I find that relief is warranted for
good cause shown by the parties. This matter will be administratively closed pursuant
to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown.
Accordingly, it is
ORDERED that the Motion and Stipulation for Administrative Closure (ECF No.
16), filed May 3, 2013, is GRANTED. This case will be administratively closed pursuant
to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown. In
furtherance of the administrative closure, the parties are ordered to submit joint status
reports to the Court every six months starting December 1, 2013. Based upon those
status reports, the Court will determine the appropriate future course of action.
Dated: May 6, 2013
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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