Winmark Corporation v. Schneeberger et al

Filing 53

VACATED ORDER The scheduling conference set for February 7, 2014, at 10:30 a.m., is VACATED; and The plaintiff shall file a status report at the earlier of (i) entry of an order granting relief from the bankruptcy stay or (ii) May 1, 2014, by Magistrate Judge Boyd N. Boland on 2/3/2014. (evana, ) (Modified on 2/3/2014 Vacated pursuant to the 54 Order)(evana, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00274-WJM-BNB
WINMARK CORPORATION,
Plaintiff,
v.
TODD A. SCHNEEBERGER, and
PATRICIA A. SCHNEEBERGER,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This action was commenced by the filing of a Complaint [Doc. # 1] on February 1, 2013.
The Clerk of the Court entered default against the defendants on April 17, 2013, Entry of Default
[Doc. # 34], which was set aside by the district judge. Order [Doc. # 46]. The district judge
ordered the defendants to answer or otherwise respond to the complaint on or before December
5, 2013, id., which they failed to do. The case was set for a scheduling conference to occur on
February 7, 2014. Minute Order [Doc. # 50].
Subsequently, I have received a letter from counsel for the plaintiff stating that the
defendants have filed a petition for Chapter 13 bankruptcy protection and that the automatic stay
under 11 U.S.C. § 362 precludes further action here. The plaintiff reports that it will seek relief
from the automatic stay, but that “the parties do not intend to appear for the Scheduling
Conference currently scheduled for this Friday, February 7 at 10:30 a.m.” Letter [Doc. # 51]. In
addition, the plaintiff reports that the parties “have tentatively agreed to a settlement that they
anticipate being able to enter into” when relief from the stay is obtained. Id.

IT IS ORDERED:
(1)

The scheduling conference set for February 7, 2014, at 10:30 a.m., is VACATED;

(2)

The plaintiff shall file a status report at the earlier of (i) entry of an order granting

and

relief from the bankruptcy stay or (ii) May 1, 2014.
Dated February 3, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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