Blue Sky Condominiums Homeowners' Associations, Inc. v. Lexington Insurance Company

Filing 22

MINUTE ORDER: IT IS HEREBY ORDERED that the 20 Expedited Motion to Stay Discovery, Pretrial Proceedings, and Reschedule Date for Scheduling Conference If Necessary is GRANTED in part to the extent that it seeks to preclude discovery prior to the Scheduling Conference. IT IS FURTHER ORDERED that the Motion (# 20 ) is otherwise DENIED without prejudice. IT IS FURTHER ORDERED that the parties shall not engage in discovery, other than providing mandatory disclosures, until after the Scheduling Conference on October 9, 2013. By Magistrate Judge Kristen L. Mix on 09/26/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01858-RM-KLM
BLUE SKY CONDOMINIUMS HOMEOWNERS’ ASSOCIATIONS, INC.,
Plaintiff,
v.
LEXINGTON INSURANCE COMPANY,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Expedited Motion to Stay
Discovery, Pretrial Proceedings, and Reschedule Date for Scheduling Conference
If Necessary [Docket No. 20; Filed September 23, 2013] (the “Motion”). On July 19, 2013,
Defendant filed a Motion to Dismiss Complaint and Compel Arbitration [#10], which was
fully briefed on September 9, 2013. See Reply [#19]. Defendant now seeks a stay of
discovery and other pretrial requirements until the Motion to Dismiss Complaint and
Compel Arbitration is resolved. Motion [#20].
The Court has not yet held a scheduling conference in this case. Accordingly, no
discovery parameters or case management deadlines have been set and no discovery is
permitted. Fed. R. Civ. P. (26(d)(1). A Scheduling Conference is set for October 9, 2013
at 10:30 a.m. See Order [#9]. The Court finds that proceeding with discovery before this
Conference is unwarranted. If Defendant’s Motion to Dismiss Complaint and Compel
Arbitration [#10] remains pending at the time of the Scheduling Conference, it may re-file
a motion seeking a discovery stay.
IT IS HEREBY ORDERED that the Motion [#20] is GRANTED in part to the extent
that it seeks to preclude discovery prior to the Scheduling Conference.
IT IS FURTHER ORDERED that the Motion [#20] is otherwise DENIED without
prejudice.
IT IS FURTHER ORDERED that the parties shall not engage in discovery, other
than providing mandatory disclosures, until after the Scheduling Conference on October
9, 2013.
DATED: September 26, 2013