OCD Telluride LLC v. Blaney McMurtry LLP

Filing 28

ORDER LIFTING ADMINISTRATIVE CLOSURE: Plaintiff's 26 Unopposed Motion to Reopen Case is granted. Defendant's 16 Motion to Dismiss Plaintiff's RICO Conspiracy Claim shall be reinstated on the docket as a pending motion with a fil ing date of 4/8/2015. The Amended Plaintiff's 21 Response to Defendant's Motion to Dismiss shall be reinstated on the docket with a filing date of 4/8/2015. By 4/29/2015, the defendant may file a reply in support of its motion to dismi ss. The stay of discovery which was in place when this case was closed administratively shall remain in place pending assessment by the magistrate judge of the continued need for a stay of discovery; and the order of reference [# 4 ] to the magistrate judge shall remain in full force and effect. By Judge Robert E. Blackburn on 4/8/2015. (alowe)

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 LIFTING ADMINISTRATIVE CLOSURE
Blackburn, J.
This matter is before me on the Plaintiff’s Unopposed Motion To Reopen Case
[#26]1 filed January 7, 2015. I grant the motion.
This case was closed administratively pending resolution by the United States
Court of Appeals for the Tenth Circuit of the appeal pending in a related case, CGC
Holding Co. v. Meisels. The Tenth Circuit has resolved that appeal, and the parties seek
to re-open the above-captioned case. These circumstances constitute good cause to
reopen this case.
Under D.C.COLO.LCivR 41.2, administrative closure of a case terminates all
pending motions. Re-opening of the case does not reinstate such motions. In the
present motion, the parties seek reinstatement of the Defendant’s Motion To Dismiss
Plaintiff’s RICO Conspiracy Claim [#16] and the Amended Plaintiff’s Response To

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“[#26]” 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.

Defendant’s Motion To Dismiss [#21]. The motion and response are reinstated on the
docket.
THEREFORE, IT IS ORDERED as follows:
1. That the Plaintiff’s Unopposed Motion To Reopen Case [#26] filed January
7, 2015, is granted;
2. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to reopen this civil
action;
3. That the Defendant’s Motion To Dismiss Plaintiff’s RICO Conspiracy Claim
[#16] shall be reinstated on the docket as a pending motion with a filing date of April 8,
2015;
4. That the Amended Plaintiff’s Response To Defendant’s Motion To Dismiss
[#21] shall be reinstated on the docket with a filing date of April 8, 2015;
5. That by April 29, 2015, the defendant may file a reply in support of its motion
[#16] to dismiss;
6. That the stay of discovery which was in place when this case was closed
administratively shall remain in place pending assessment by the magistrate judge of the
continued need for a stay of discovery; and
7. That the order of reference [#4] to the magistrate judge shall remain in full force
and effect.
Dated April 8, 2015, at Denver, Colorado.
BY THE COURT:

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