Simmons v. Hinton et al

Filing 70

MINUTE ORDER denying 67 Motion to Stay Final Pre-Trial DeadlinesPending Courts Ruling on Motion for Summary Judgment, by Magistrate Judge Michael J. Watanabe on 2/27/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02566-CMA-MJW
TRAVIS J. SIMMONS,
Plaintiff(s),
v.
BRYCE HINTON, Individually,
SCOTT BIRD, Individually, and
LAKE COUNTY SHERIFF RODNEY FENSKE, in his Official Capacity and Individually,
Defendant(s).

MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendants’ Motion to Stay Final Pre-Trial Deadlines
Pending Court’s Ruling on Motion for Summary Judgment (docket no. 67) is DENIED
for the following reasons.
On September 3, 2014, this court entered a Final Pretrial Order (docket no. 60).
All discovery was completed as of September 3, 2014. See paragraph 8. DISCOVERY
in the Final Pretrial Order (docket no. 60). This court was well aware of Defendants’
Motion for Summary Judgment (docket no. 46), filed June 23, 2014, at the Final Pretrial
Conference on September 3, 2014. Plaintiff responded to such motion (docket no. 46)
on July 17, 2014 (docket no. 51), and Defendants replied on August 4, 2014 (docket no.
55). This motion (docket no. 46) is pending before District Judge Arguello and has been
ripe for ruling since August 4, 2014. A Trial Preparation Conference is set before
District Judge Arguello on March 18, 2015, at 9:00 a.m. See docket no. 65. A five-day
Jury Trial is set before District Judge Arguello on March 30, 2015, at 8:00 a.m. with Jury
Selection to begin on March 23, 2015, at 1:30 p.m. See docket no. 59. Based upon the
current posture of this case, this court finds no basis to stay the Final Pre-Trial
Deadlines. Accordingly, the subject motion (docket no. 67) should be denied.
Date: February 27, 2015