aioTV Inc. v. AIO Wireless, LLC

Filing 22

ORDER granting 20 Joint Motion and Stipulation for Entry of Order TemporarilyStaying Case. This case shall be administratively closed pursuant toD.C.COLO.LCivR. 41.2. By Judge Philip A. Brimmer on 7/18/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-01493-PAB-KLM
AIOTV INC.,
Plaintiff,
v.
AIO WIRELESS, LLC,
Defendant.

ORDER

This matter is before the Court on the Joint Motion and Stipulation for Entry of
Order Temporarily Staying Case [Docket No. 20] filed by plaintiff AioTV Inc. and
defendant Aio Wireless, LLC. In their motion, the parties request that the Court enter
an order staying this case until the resolution of a related case between the parties.
See AT&T Intellectual Property II, L.P. and AIO Wireless, LLC v. aioTV, Inc., No. 13-cv1901 (N.D. Ga. 2013). In support, the parties state that, because the issues in the two
cases overlap substantially, a stay of this case, pending resolution of the Georgia
action, serves the public interest by conserving judicial resources. Docket No. 20 at 3.
Given that the motion is stipulated, a stay will not prejudice either party, and the
claims at issue in this case are substantially intertwined with those in the Georgia
action, the Court finds that a stay of this case is appropriate. However, instead of a
stay, the Court will administratively close this case subject to reopening for good cause
pursuant to D.C.COLO.LCivR. 41.2. Administrative closure is appropriate here

because the Court will stay the entire action and the length of time to complete the
Georgia matter is unknown. See Lehman v. Revolution Portfolio LLC, 166 F.3d 389,
392 (1st Cir. 1999) (noting that “an administrative closing has no effect other than to
remove a case from the court's active docket and . . . d[oes] not terminate the
underlying case, but, rather, place[s] it in inactive status until such time as the judge, in
his discretion or at the request of a party, cho[o]se[s] either to reactivate it or to dispose
of it with finality”).
Accordingly, it is
ORDERED that the Joint Motion and Stipulation for Entry of Order Temporarily
Staying Case [Docket No. 20] is GRANTED. It is further
ORDERED that this case shall be administratively closed pursuant to
D.C.COLO.LCivR. 41.2. Either party may seek to reopen this matter for good cause,
such as a final decision in AT&T Intellectual Property II, L.P. and AIO Wireless, LLC v.
aioTV, Inc., No. 13-cv-01901 (N.D. Ga. 2013).

DATED July 18, 2013.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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