Fellowship of Catholic University Students et al v. Sebelius et al

Filing 17

MINUTE ORDER. The Joint Motion to Set Briefing Schedule 15 is GRANTED in part and DENIED in part. Defendants shall answer or otherwise respond to the Complaint on or before February 13, 2014. The motion to set a briefing schedule regarding Plain tiffs' Motion for Partial Summary Judgment 12 is GRANTED. Defendants' response in opposition to Plaintiffs' motion for partial summary judgment shall be filed on or by February 13, 2014. Plaintiffs' reply in support of their m otion for partial summary judgment shall be filed on or by March 6, 2014. The motion to set a briefing schedule on Defendants' anticipated motion to dismiss or, in the alternative, motion for summary judgment is DENIED as premature. The motion to vacate the Order Setting Rule 16 (b) Scheduling Conference and Rule 26(f) Planning Meeting 8 is DENIED, by Magistrate Judge Kathleen M. Tafoya on 2/10/14.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–03263–MSK–KMT

FELLOWSHIP OF CATHOLIC UNIVERSITY STUDENTS, a Colorado non-profit corporation,
CURTIS A. MARTIN,
CRAIG MILLER,
BRENDA CANNELLA, and
CINDY O’BOYLE,
Plaintiffs,
v.
KATHELEEN SEBELIUS, Secretary of the United States Department of Health and Human
Services,
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
THOMAS PEREZ, Secretary of the United States Department of Labor,
UNITED STATES DEPARTMENT OF LABOR,
JACOB J. LEW, Secretary of the United States Department of the Treasury, and
UNITED STATES DEPARTMENT OF THE TREASURY,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
The “Joint Motion to Set Briefing Schedule” (Doc. No. 15, filed January 27, 2014) is
GRANTED in part and DENIED in part.
It appears the parties wish to extend the deadline by which the defendants must answer or
otherwise respond to the Complaint. This request is GRANTED. Defendants shall answer or
otherwise respond to the Complaint on or before February 13, 2014.
The motion to set a briefing schedule regarding “Plaintiffs’ Motion for Partial Summary
Judgment” (Doc. No. 12) is GRANTED. Defendants’ response in opposition to Plaintiffs’
motion for partial summary judgment shall be filed on or by February 13, 2014. Plaintiffs’ reply
in support of their motion for partial summary judgment shall be filed on or by March 6, 2014.

The motion to set a briefing schedule on Defendants’ anticipated motion to dismiss or, in the
alternative, motion for summary judgment is DENIED as premature. The briefing schedule for
any motion is set forth in D.C.COLO.LCivR 7.1(d). To the extent the parties wish to extend any
briefing deadlines, they may file an appropriate motion after the motion to dismiss or, in the
alternative, motion for summary judgment is filed. The parties are reminded that a motion shall
not be included in a response or reply to an original motion. D.C.COLO.LCivR 7.1(d).
The motion to vacate the “Order Setting Rule 16(b) Scheduling Conference and Rule 26(f)
Planning Meeting” (Doc. No. 8) is DENIED. The parties have failed to address the factors that
the court ordinarily considers with regard to a request to stay deadlines. See String Cheese
Incident, LLC v. Stylus Shows, Inc., 02-CV-01934-LTB-PA, 2006 WL 894955, at *2 (D. Colo.
March 30, 2006). Moreover, due to the confines of Fed. R. Civ. P. 16(b)(2), the Scheduling
Order must be entered on or before March 17, 2014.
Finally, the parties are reminded that they may not stipulate to extensions of time except for as
provided in D.C.COLO.LCivR 6.1(a).
Dated: February 10, 2014

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