Schlumbrecht-Muniz v. Steamboat Ski and Resort Corporation et al

Filing 36

ORDER by Magistrate Judge Boyd N. Boland on 10/28/14 DENYING 16 Defendant's Motion to Stay Discovery Pending a Decision on Its Motion to Dismiss. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00191-MSK-BNB
LINDA SCHLUMBRECHT-MUNIZ, M.D.,
Plaintiff,
v.
STEAMBOAT SKI & RESORT CORPORATION, a Delaware corporation d/b/a Steamboat,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on Defendant’s Motion to Stay Discovery Pending a Decision on Its
Motion to Dismiss [Doc. # 16] (the “Motion to Stay”), which is DENIED.
The Federal Rules of Civil Procedure do not expressly provide for a stay of proceedings
pending the determination of a motion. String Cheese Incident, LLC v. Stylus Shows, Inc., 2006
WL 894955 *2 (D. Colo. Mar. 30, 2006]. In this case, the parties already have conducted
substantial discovery, and the schedule has been modified several times to accommodate the
parties’ needs. Rebuttal experts will be disclosed on November 14, 2014, and discovery is
scheduled to close on December 5, 2014. Thus, the purposes of the Motion to Stay have been
overtaken by the passage of time and the parties’ actions.
IT IS ORDERED that the Motion to Stay [Doc. # 16] is DENIED.

Dated October 28, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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