Smith et al v. USA

Filing 102

MINUTE ORDER: Plaintiffs' (Second) Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 [# 78 ] is DENIED. Plaintiffs' (Second) Motion for a SchedulingConference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR 16.1 [ # 84 ] is DENIED as moot. Defendant's Motion to Consolidate [# 93 ] is DENIED as moot. Plaintiffs' Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [# 96 ] i s DENIED as moot. Plaintiffs' Motion to Supplement [] Their Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [# 98 ] is DENIED as moot. By Magistrate Judge Kristen L. Mix on 7/11/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01156-RM-KLM
DAVID L. SMITH, and
M. JULIA HOOK,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ (Second) Motion for Sanctions
Pursuant to Fed. R. Civ. P. 37 [#78], on Plaintiffs’ (Second) Motion for a Scheduling
Conference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR
16.1 [#84], on Defendant’s Motion to Consolidate [#93], on Plaintiffs’ Verified
Emergency Motion for a Temporary Restraining Order and/or a Preliminary
Injunction, and Request for an Evidentiary Hearing [#96], and on Plaintiffs’ Motion to
Supplement [ ] Their Verified Emergency Motion for a Temporary Restraining Order
and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [#98].
IT IS HEREBY ORDERED that Plaintiffs’ (Second) Motion for Sanctions Pursuant
to Fed. R. Civ. P. 37 [#78] is DENIED. Plaintiffs’ request is based on alleged conferral and
discovery abuse. However, due to the filing of dispositive motions based primarily on
jurisdictional issues, a Scheduling Conference has not been held and formal discovery has
not begun in this lawsuit. Thus, there is no basis on which to enter sanctions against
Defendant.
IT IS FURTHER ORDERED that Plaintiffs’ (Second) Motion for a Scheduling
Conference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR
16.1 [#84] is DENIED as moot. The Court has issued a Recommendation [#101] that this
matter be dismissed in its entirety. Thus, there is no need to hold a Scheduling Conference
or enter a Scheduling Order.
IT IS FURTHER ORDERED that Defendant’s Motion to Consolidate [#93] is DENIED
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as moot based on the pending Recommendation [#101] that the present matter be
dismissed in its entirety.
IT IS FURTHER ORDERED that Plaintiffs’ Verified Emergency Motion for a
Temporary Restraining Order and/or a Preliminary Injunction, and Request for an
Evidentiary Hearing [#96] is DENIED as moot based on the pending Recommendation
[#101] that this matter be dismissed in its entirety.
IT IS FURTHER ORDERED that Plaintiffs’ Motion to Supplement [ ] Their Verified
Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and
Request for an Evidentiary Hearing [#98] is DENIED as moot based on the denial of
Plaintiffs’ Verified Emergency Motion for a Temporary Restraining Order and/or a
Preliminary Injunction, and Request for an Evidentiary Hearing [#96].
Dated: July 11, 2014

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