Brain Synergy Institute LLC v. UltraThera Technologies, Inc. et al

Filing 39

ORDER denying without prejudice 10 Motion to Dismiss, Stay, or Transfer Venue by Magistrate Judge Boyd N. Boland on 1/21/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-01471-CMA-BNB
BRAIN SYNERGY INSTITUTE, LLC, d/b/a Carrick Brain Centers,
Plaintiff,
v.
ULTRATHERA TECHNOLOGIES, INC., and
KEVIN MAHER,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Pending is the defendants’ Motion to Dismiss, Stay, or Transfer Venue [Doc. # 10,
filed 7/24/2013] (the “Motion”). Similar issues are pending in a related action before the United
States District Court for the Northern District of Georgia. Following a hearing on August 27,
2013, I noted that “the defendants suggested, without opposition from BSI, that I postpone
making a recommendation on the Motion . . . pending a decision in the Georgia Action of the
[related] motions to intervene and to dismiss.” Order [Doc. # 24]. The motions in Georgia
remain pending.
IT IS ORDERED:
(1)

The Motion [Doc. # 10] is DENIED without prejudice, to be renewed if necessary

following a ruling by the Georgia court; and
(2)

The parties shall file a status report at the earlier of ten day following a ruling by

the Georgia court or April 14, 2014, addressing the ruling by that court and the parties’
recommendation of the impact of that ruling on this action.

Dated January 21, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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