General Steel Domestic Sales, LLC v. Chumley et al

Filing 186

ORDER finding as moot 174 179 Motion to Quash; granting 178 Motion to Vacate Trial Setting and Stay Proceedings Pending Appeal. That the jury trial scheduled to commence August 24, 2015, is vacated and continued without date, pending further o rder. That all subpoenas issued in connection with the trial of this case are quashed.That all other pending motions to quash are denied as moot. This matter is stayed, pending resolution of defendants' appeal of the 175 Order Concerning Motion for Summary Judgment. By Judge Robert E. Blackburn on 8/21/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 1:14-cv-01932-REB-CBS
GENERAL STEEL DOMESTIC SALES, LLC
d/b/a GENERAL STEEL CORPORATION,
Plaintiff,
v.
ETHAN DANIEL CHUMLEY AND ATLANTIC
BUILDING SYSTEMS, LLC,
Defendants.

ORDER GRANTING DEFENDANTS’ MOTION TO VACATE
TRIAL SETTING AND STAY PROCEEDINGS PENDING APPEAL
Blackburn, J.
The matter before me is Defendants’ Motion To Vacate Trial Setting and Stay
Proceedings Pending Appeal [#178],1 filed August 19, 2015. I held a status
conference on the motion on August 20, 2015. Having considered the arguments
advanced and authorities cited in the motion and during the status conference, and
having been apprised that the Tenth Circuit has declined plaintiff’s request to determine
its motion to dismiss the appeal on an emergency basis (see Notice of Tenth Circuit
Court of Appeals Order Denying Plaintiff-Appellee General Steels’s Request To
Decide its Motion To Dismiss Appeal on an Expedited Basis, Exh. 1 [#185-1], filed
August 21, 2015), the court finds and concludes that it would be prodigal to proceed to

1
“[#178]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

trial as set.
THEREFORE, IT IS ORDERED as follows:
1. That Defendants’ Motion To Vacate Trial Setting and Stay Proceedings
Pending Appeal [#178], filed August 19, 2015, is granted;
2. That the jury trial scheduled to commence August 24, 2015, is vacated and
continued without date, pending further order;
3. That all subpoenas issued in connection with the trial of this case are
quashed;
4. That all other pending motions to quash are denied as moot; and
5. That this matter is stayed, pending resolution of defendants’ appeal of the
Order Concerning Motion for Summary Judgment [#175], filed August 18, 2015.
Dated August 21, 2015, at Denver, Colorado.
BY THE COURT:

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