Big Cats of Serenity Springs, Inc. et al v. Vilsack et al

Filing 67

ORDER ADMINISTRATIVELY CLOSING CASE, 61 Defendants' Motion To Stay Proceedings is Granted. By Judge Robert E. Blackburn on 6/23/2015. (mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03275-REB-KLM
BIG CATS OF SERENITY SPRINGS, INC.,
NICK SCULAC,
JULIE WALKER, and
JULES INVESTMENT, INC.,
Plaintiffs,
v.
THOMAS J. VILSACK (in his Official Capacity as Secretary of Agriculture),
CINDY RHODES,
TRACY THOMPSON, and other unnamed USDA employees
Defendants.

ORDER ADMINISTRATIVELY CLOSING CASE
Blackburn, J.
The matter before me is Defendants’ Motion To Stay Proceedings [#61],1 filed
May 28, 2015. Despite their initial opposition to the motion (see Def. Motion at 1),
plaintiffs subsequently conceded to the relief requested herein (see Response to
Defendants’ Motion To Stay Proceedings [#66], filed June 19, 2015). This court’s
decision denying their claim of qualified immunity as to the Bivens and section 1983
claims made in this lawsuit is ostensibly a final decision properly appealable. See
Ashcroft v. Iqbal, 556 U.S. 662, 672, 129 S.Ct. 1937, 1946, 173 L.Ed.2d 868 (2009). A
stay of proceedings and concomitant administrative closure therefore would be

1

“[#61]” 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.

appropriate, as this court now lacks jurisdiction over the matter. Stewart v. Donges, 915
F.2d 572, 575 (10th Cir. 1990).
THEREFORE, IT IS ORDERED as follows:
1. That Defendants’ Motion To Stay Proceedings [#61], filed May 28, 2015, is
granted;
2. That all currently pending deadlines in this case are vacated;
3. That this matter is stayed pending further order; and
4. That under D.C.COLO.LCivR 41.2, the clerk is directed to close this case
administratively, subject to reopening for good cause.
Dated June 23, 2015, at Denver, Colorado.
BY THE COURT:

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