Barnwell v. Advanced Emissions Solutions, Inc. et al

Filing 55

ORDER granting 54 Motion to Stay; denying without prejudice 36 Motion to Dismiss with option to refile should mediation fail. This case is stayed until further order of the Court. Status Report due by 5/31/2016. By Judge Christine M. Arguello on 03/08/2016. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-01243-CMA-KMT (Consolidated for all purposes with Civil Action
No. 14-cv-01402-CMA-KMT)
UNITED FOOD AND COMMERCIAL WORKERS UNION AND PARTICIPATING FOOD
INDUSTRY EMPLOYERS TRI-STATE PENSION FUND, Individually and on behalf of
all others similarly situated,
Plaintiff,
v.
ADVANCED EMISSIONS SOLUTIONS, INC.,
MICHAEL D. DURHAM,
MARK H. McKINNIES,
C. JEAN BUSTARD,
SHARON M. SJOSTROM,
CHRISTINE B. AMRHEIN, and
L. HEATH SAMPSON,
Defendants.

ORDER

This matter is before the Court on the Parties’ Stipulated Motion to Stay Under
D.C.COLO.LCivR 16.6 (Doc. #54). The Court has reviewed the Motion, the file, and
being fully advised in the premises, it is hereby
ORDERED that the Parties’ Stipulated Motion to Stay Under D.C.COLO.LCivR
16.6 (Doc. #54) is GRANTED. This case is stayed until further order of the Court. It is

FURTHER ORDERED that Defendants’ Motion to Dismiss the Consolidated
Class Action Complaint Under Federal Rule of Civil Procedure 12(B)(6) (Doc. #36) is
DENIED WITHOUT PREJUDICE with the option to refile should mediation fail. It is
FURTHER ORDERED that the parties shall file a Status Report, on or before
May 31, 2016, informing the Court as to the status of parties’ settlement discussions.
DATED: March 8, 2016

BY THE COURT:

___________________________________
CHRISTINE M. ARGUELLO
United States District Judge