Smith v. Havard et al

Filing 42

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 8/13/2013. ORDERED that Plaintiff shall file dismissal paperwork related to Defendants Terri Baker and Mr. A's Restaurant an d Lounge no later than August 27, 2013. 17 Motion to Dismiss is DENIED AS MOOT. 21 Motion to Dismiss is DENIED AS MOOT. 24 Motion to Vacate Scheduling Order and to Stay Discovery is DENIED AS MOOT. FTR: Courtroom A402 - C. Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13-cv-00969-CMA-CBS
Date:
August 13, 2013

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

KEVIN SMITH,

Raymond K. Bryant

Plaintiff,
v.
CARLA HAVARD, et al.,

Jamesy C. Owen
Matthew R. Hader

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: STATUS CONFERENCE
Court in session:
10:50 a.m.
Court calls case. Appearances of counsel.
Discussion between the court and counsel for Plaintiff regarding the Notice of Settlement filed by
Defendants Terri Baker and Mr. A’s Restaurant and Lounge.
ORDERED:

Plaintiff shall file dismissal paperwork related to Defendants Terri Baker and
Mr. A’s Restaurant and Lounge no later than August 27, 2013.

Discussion between the court and the parties regarding the pending motions before the court.
ORDERED:

Terri Baker’s and Mr. A’s Restaurant and Lounge’s MOTION to Dismiss
Pursuant to Fed. R. Civ. P. 12(b)(6) [Doc. No. 21, filed 6/14/2013] is
DENIED AS MOOT in light of Plaintiff’s First Amended Complaint.

ORDERED:

Denver Defendants’ MOTION to Dismiss Pursuant to Fed. R. Civ. P.
12(b)(6) [Doc. No. 17, filed 6/6/2013] is DENIED AS MOOT in light of
Plaintiff’s First Amended Complaint.

ORDERED:

Denver Defendants’ MOTION to Vacate Scheduling Order and to Stay

Discovery Pending Resolution of Defendants’ Motion to Dismiss [Doc. No.
24, filed 6/21/2013] is DENIED AS MOOT in light of the filing of Denver
Defendants’ Motion to Stay Discovery [Doc. No. 40].
Discussion between the court and counsel for Defendants regarding Denver Defendants’ MOTION
to Dismiss Plaintiff’s First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) [Doc. No.
36, filed 7/12/2013]. The court notes the pending motion has not been fully briefed.
Discussion regarding whether discovery should proceed on the claim that Defendants are not seeking
to dismiss in their Motion, case law cited by Defendants, and a surveillance video in question.
Discussion between the court and counsel for Plaintiff regarding the allegations in the First
Amended Complaint related to the Motion to Dismiss.
The court states discovery will be stayed until briefing on the Motion to Dismiss is completed and
addresses the parties regarding the case moving forward and its concern with a complete stay of
discovery.
HEARING CONCLUDED.
Court in recess:
11:38 a.m.
Total time in court: 00:48
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.