Daniel v. Steiner

Filing 60

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/30/15 granting 54 Motion to Stay. IT IS ORDERED that the Motion to Stay is GRANTED pending the court'sresolution of Defendants' Motion to Dismiss. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00834-CMA-NYW
ARLUS DANIEL, JR,
Plaintiff,
v.
SARGENT STEINER,
SARGENT VALDEZ,
CORRECTIONAL OFFICER HARTLEY,
CASE MANAGER RICK BURFORD,
CASE MANAGER THOMPSON,
CASE MANAGER HARTBAUER,
SARGENT DAVE GACNIK,
LIEUTENANT KEVIN HALL,
LIEUTENANT TERRY SCAVARDA,
LIEUTENANT MASON,
LIEUTENANT RICHARDS,
MAJOR TERRY HAMILTON,
WARDEN PAMELA PLOUGH,
EXECUTIVE DIRECTOR CLEMENTS,
EXECUTIVE DIRECTOR RICK RAEMISCH,
PAROLE OFFICER JANET RUSSELL,
GOVERNOR JOHN HICKENLOOPER,
Defendants.
MINUTE ORDER
Entered By Magistrate Judge Nina Y. Wang
This matter is before the Court on Defendants’ Motion to Stay Discovery Pending
Resolution of their Motion to Dismiss the Second Amended Complaint (“Motion to
Stay”).1 [#54, filed May 22, 2015]. The matter was referred to this Magistrate Judge
pursuant to the Order Referring Case dated September 2, 2014 [#12] and memorandum
dated May 26, 2015 [#56].
This court set a Scheduling Conference for May 29, 2015. Following Plaintiff’s
1

The term “Defendants” encompasses all but Lieutenant Mason, who has not yet been
served and is no longer employed by the Colorado Department of Corrections. [See
#47 at n. 1].

failure to appear for the Scheduling Conference, I converted the proceeding into a
Status Conference and indicated that the court would wait to rule on the Motion to Stay
until after the deadline for Plaintiff’s Response had passed. [#59]. The deadline for
Plaintiff to oppose the Motion to Stay was June 12, 2015. To date, Plaintiff has not filed
a Response or otherwise indicated any opposition to the Motion to Stay. In addition,
Defendants filed a Motion to Dismiss on May 5, 2015 [#51], which, if granted, would
dispose of this litigation. Accordingly,
IT IS ORDERED that the Motion to Stay is GRANTED pending the court’s
resolution of Defendants’ Motion to Dismiss.

DATED: June 30, 2015