Plummer v. McDermott et al

Filing 39

MINUTE ORDER granting 37 Motion for Leave to File Motion for Summary Judgment Concerning Lack of Exhaustion of Administrative Remedies and Motion for Stay. All proceedings with respect to defendants McDermott, Allred, and Cink are stayed until further order of the court following a ruling on the Defendants Motion for Summary Judgment (Docket No. 37-1). It is further ORDERED that the plaintiff shall have up to and including July 22, 2013, to file a response to the Defendants Motion for S ummary Judgment (Docket No. 37-1). It is further ORDERED that the Show Cause Hearing remains set on July 9, 2013, at 2:00 p.m. at which plaintiff shall show cause why this case should not be dismissed as against defendant McRoy for failure to serve and failure to prosecute. By Magistrate Judge Michael J. Watanabe on 06/25/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00440-CMA-MJW
RONALD PLUMMER,
Plaintiff(s),
v.
MCDERMOTT, Hospital Administrator,
ALLRED, Clinical Director,
MCROY, Mid-Level Provider,
CINK, Mid-Level Provider,
JANE DOE, and
JOHN DOE,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the Motion for Leave to File Motion for Summary
Judgment Concerning Lack of Exhaustion of Administrative Remedies and Motion for
Stay (Docket No. 37) is granted as follows. Defendants’ Motion for Summary Judgment
(Docket No. 37-1) and accompanying exhibits (Docket No. 37-2), filed by defendants
McDermott, Allred, and Cink, are accepted for filing as of the date of this Minute Order.
All proceedings with respect to defendants McDermott, Allred, and Cink are stayed until
further order of the court following a ruling on the Defendants’ Motion for Summary
Judgment (Docket No. 37-1). Defendants McDermott, Allred, and Cink will not be
precluded from filing an answer or subsequent motion for summary judgment on the
merits if necessary following a ruling on Defendants’ Motion for Summary Judgment
(Docket No. 37-1). It is further
ORDERED that the plaintiff shall have up to and including July 22, 2013, to file a
response to the Defendant’s Motion for Summary Judgment (Docket No. 37-1). It is
further
ORDERED that the Show Cause Hearing remains set on July 9, 2013, at 2:00
p.m. at which plaintiff shall show cause why this case should not be dismissed as
against defendant McRoy for failure to serve and failure to prosecute.
Date: June 25, 2013