OCD Telluride LLC v. Blaney McMurtry LLP

Filing 25

ORDER adopting 19 Recommendation of United States Magistrate Judge. This action is CLOSED ADMINISTRATIVELY. Any motions pending in this case, including the motion to dismiss [# 16 ], are TERMINATED without prejudice as a result ofthe administrative closure of this case. By Judge Robert E. Blackburn on 2/3/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02584-REB-BNB
OCD TELLURIDE, LLC, a Colorado limited liability company,
Plaintiff,
v.
BLANEY McMURTRY, LLP, an Ontario limited liability partnership,
Defendant.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the Recommendation of United States Magistrate
Judge and Order [#19]1 filed January 17, 2014. I approve and adopt the
recommendation.
No objections to the recommendation were filed. Thus, I review it only for plain
error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d
1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the
recommendation of the magistrate judge, I find and conclude that the recommendation
should be approved and adopted as an order of this court.
The magistrate judge recommends that this case be closed administratively
pending resolution of the appeal pending in another case, CGC Holding Co. v.

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“[#19]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

Meisels, by the United States Court of Appeals for the Tenth Circuit. The opinion of the
Tenth Circuit in that case will define one or more points of law directly applicable to this
case. Following resolution of the CGC Holding Co. case, one or both of the parties to
this case may move to reopen this case, if appropriate.
THEREFORE, IT IS ORDERED as follows:
1. That the recommendation stated in the Recommendation of United States
Magistrate Judge and Order [#19] filed January 17, 2014, is APPROVED and
ADOPTED as an order of this court;
2. That under D.C.COLO.LCivR 41.2, this action is CLOSED
ADMINISTRATIVELY, subject to reopening for good cause;
3. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil
action administratively; and
4. That under D.C.COLO.LCivR 41.2, any motions pending in this case,
including the motion to dismiss [#16], are TERMINATED without prejudice as a result of
the administrative closure of this case.
Dated February 3, 2014, at Denver, Colorado.
BY THE COURT:

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