Ortiz v. Falk et al

Filing 72

MINUTE ORDER granting 70 Motion to Stay Discovery. Scheduling Conference 12/9/2013 09:00 AM is vacated. Show Cause Hearing remains set 12/9/2013 09:00 AM with respect to plaintiff's failure to serve defendant Fortunato. Order to Show Cause 44 is vacated soley with respect to the lack of service on Dowis. By Magistrate Judge Michael J. Watanabe on 12/5/2013.(mjwcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00612-PAB-MJW ALEXIS R. ORTIZ, Plaintiff(s), v. JAMES FALK, Warden, Sterling Correctional Facility, BEVERLY DOWIS, Health Services Administrator, Sterling Correctional Facility, JO ANN STOCK, Physicians Assistant, Sterling Correctional Facility, JOSEPH G. FORTUNATO, Medical Doctor, Sterling Correctional Facility, LT. HOFFMAN, Housing Lieutenant, Sterling Correctional Facility, in their individual and official capacities, Defendant(s). MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe Inasmuch as defendant Dowis has been served (see Docket No. 58 Affidavit/Return of Service), it is hereby ORDERED that the Order to Show Cause (Docket No. 44) is vacated solely with respect to the lack of service on defendant Dowis. It is further ORDERED that the Motion to Stay Discovery filed by defendants Falk, Hoffman, Stock, and Dowis (Docket No. 70) is GRANTED. It is thus further ORDERED that discovery in this matter is stayed until further order of the court, and the Scheduling Conference set on December 9, 2013, at 9:00 a.m. is VACATED and will be reset, if necessary, following a ruling on the pending Motion to Dismiss (Docket No. 65). It is, however, further ORDERED that the Show Cause Hearing set for December 9, 2013, at 9:00 a.m. remains set with respect to plaintiff’s failure to serve defendant Fortunato. Dated: December 5, 2013

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