Harmes et al v. Knight Transportation Inc et al

Filing 70

ORDER. ORDERED that, pursuant to D.C.COLO.LCivR 41.2, this case isADMINISTRATIVELY CLOSED pending further order of this Court. ORDERED that the parties shall file, either jointly or separately, a status reporton or before December 7, 2015. The status report shall inform the Court of any relevant proceedings in the probate court, the purported impact of any probate court action, and how the party or parties intend to proceed in this case. Signed by Judge Philip A. Brimmer on 09/25/15. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer

Civil Action No. 14-cv-00060-PAB-CBS
K.H., a minor, by and through his natural parents and guardians,
David M. Harmes and Miho Harmes,
MIHO H. HARMES, individually, and
DAVID M. HARMES, individually,
Plaintiffs,
v.
KNIGHT TRANSPORTATION, INC., an Arizona corporation, and
EDWARD F. TAPIA,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the parties’ Joint Motion to Administratively
Close Case [Docket No. 69]. On June 19, 2015, plaintiffs filed a Notice of Settlement.
Docket No. 63. On June 25, 2015, plaintiffs moved to vacate the trial date in this matter
and represented that, following the parties’ settlement, probate proceedings regarding
the settlement funds had been initiated on behalf of plaintiff K.H. Docket No. 65 at 1.
As of their June 2015 filing, plaintiffs anticipated that the probate proceedings would be
resolved by August 18, 2015. Id. at 1-2. The Court granted plaintiff’s motion to vacate
the trial date and ordered the parties to file a stipulation of dismissal on or before
September 1, 2015. Docket No. 66. On August 28, 2015, plaintiffs moved for a 30-day
extension to file a stipulation of dismissal on the ground that they were still in the
process of obtaining approval of the settlement in the probate court. Docket No. 67 at

2. The Court granted plaintiffs’ motion in part and ordered the parties to file a stipulation
of dismissal on or before September 25, 2015. Docket No. 68.
In the instant motion, the parties state that, while probate proceedings on plaintiff
K.H.’s behalf have been initiated in Jefferson County, Colorado, they anticipate that the
probate court proceedings will not conclude until November 2015. Docket No. 69 at 2.
The parties jointly request administrative closure. Id. Wherefore, it is
ORDERED that, pursuant to D.C.COLO.LCivR 41.2, this case is
ADMINISTRATIVELY CLOSED pending further order of this Court. It is further
ORDERED that the parties shall file, either jointly or separately, a status report
on or before December 7, 2015. The status report shall inform the Court of any relevant
proceedings in the probate court, the purported impact of any probate court action, and
how the party or parties intend to proceed in this case.
DATED September 25, 2015.
BY THE COURT:

s/ Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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