Reality Technology, Inc. et al v. United States Small Business Administration et al

Filing 50

ORDER: This case is currently set for a four-day bench trial commencing Monday, 2/9/2015. However, still pending for recommendation before the magistrate judge is 33 Defendant's Motion to Dismiss and for Judgment on the Pleadings. THEREFOR E IT IS ORDERED that all extant pretrial deadlines, the combined Final Pretrial Conference and Trial Preparation Conference set 2/6/2015 at 10:00 AM, and the bench trial set to commence 2/9/2015 are VACATED and CONTINUED pending further order of court. By Judge Robert E. Blackburn on 1/23/2015. (alowe)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-02805-REB-BNB REALITY TECHNOLOGY, INC., IVAN DRINKS, SR., and IVAN DRINKS, JR., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ORDER Blackburn, J. This matter is before me sua sponte. This case is currently set for a four-day bench trial commencing Monday, February 9, 2015. However, still pending for recommendation before the magistrate judge is Defendant’s Motion To Dismiss and for Judgment on the Pleadings [#33],1 filed September 26, 2014. Even if a recommendation were issued today, there would be insufficient time for the parties to marshal any objections and responses thereto and for me to consider and rule on any such objections and the recommendation before the date currently set for bench trial. Thus, I find and conclude that it would be in the best interest of all to vacate and continue the trial (and all attendant pretrial deadlines) until after the motion to dismiss has been fully vetted. 1 “[#33]” 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. THEREFORE IT IS ORDERED that all extant pretrial deadlines, the combined Final Pretrial Conference andTrial Preparation Conference set February 6, 2015, at 10:00 a.m., and the bench trial set to commence February 9, 2015, are VACATED and CONTINUED pending further order of court.2 Dated January 23, 2015, at Denver, Colorado. BY THE COURT: 2 In the event that my resolution of the magistrate judge's recommendation does not fully dispose of all claims and causes of action, I will enter further orders to reschedule this matter for trial to the court. 2

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