Brown v. Summit County Sheriff Department et al

Filing 79

ORDER by Magistrate Judge Boyd N. Boland on 11/5/14 re: Motion and Affidavit to Issue Subpoena to Produce Per Rule 45(a)(2)(C) 39 , Motion to Stay Proceedings of Defendants Detective Jared Dennis, Deputy Cornell, and Sheriff John Minor 48 , Motion for Leave from the Court to File a Sur-Reply 67 , and Motion for Leave from the Court to File a Sur-Reply 71 . IT IS ORDERED that the Motions [Docs. ## 39, 48, 67, and 71] are DENIED AS MOOT. (bsimm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 14-cv-00032-WJM-BNB D BROWN, Plaintiff, v. DEPUTY JEFF WILSON, DETECTIVE JARED DENNIS, DEPUTY CORNELL, SHERIFF JOHN MINOR, and OTHER DEPUTIES UNKNOWN NAMES TO ENTER AT A LATER DATE, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Motion and Affidavit to Issue Subpoena to Produce Per Rule 45(a)(2)(C) [Doc. #39, filed 03/12/2014]; (2) Motion to Stay Proceedings of Defendants Detective Jared Dennis, Deputy Cornell, and Sheriff John Minor [Doc. #48, filed 04/03/2014]; (3) Motion for Leave from the Court to File a Sur-Reply [Doc. #67, filed 05/07/2014]; and (4) Motion for Leave from the Court to File a Sur-Reply [Doc. #71, filed 05/19/2014]. The plaintiff requests that the court issue subpoenas for witnesses to be present “pre-trial and at trial.” She also seeks leave to file a sur-reply to the defendants’ motion to dismiss in order to address arguments and exhibits presented by the defendants’ reply brief. The defendants seek a stay of the case pending resolution of their motion to dismiss. Separately, I have recommended that the plaintiff’s Amended Complaint be dismissed. The recommendation does not rely on the arguments or exhibits at issue in the plaintiff’s motions to file a sur-reply. IT IS ORDERED that the Motions [Docs. ## 39, 48, 67, and 71] are DENIED AS MOOT. Dated November 5, 2014. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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