Avenue Capital Management II, LP et al v. Schaden et al

Filing 43

MINUTE ORDER. ORDERED that the Motion to Dismiss [#16, filed in Civil Action No. 14-cv-02119-PAB-KLM] and the Motion to Stay [#35] are DENIED as moot by Magistrate Judge Kristen L. Mix on 11/12/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02031-PAB-KLM
(Consolidated with Civil Action No. 14-cv-02119-PAB-KLM)
AVENUE CAPITAL MANAGEMENT II, L.P., a Delaware limited partnership, et al.,
Plaintiffs,
v.
RICHARD F. SCHADEN, an individual, et al.,
Defendants.
RICHARD F. SCHADEN,
Plaintiff,
v.
AVENUE CAPITAL MANAGEMENT II, L.P., and
FORTRESS INVESTMENT GROUP, LLC,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant Avenue Capital Management II, L.P.
and Defendant Fortress Investment Group, LLC’s Motion to Dismiss, or in the
Alternative, for a Stay [#16, filed in Civil Action No. 14-cv-02119-PAB-KLM] (the “Motion
to Dismiss”), Plaintiff Richard F. Schaden’s (“Schaden”) Unopposed Motion to Extend
Stay of Proceedings [#35] (the “Motion to Stay”), and on Plaintiff Schaden’s Notice of
Dismissal Without Prejudice [#42] (the “Notice”). In the Notice, Plaintiff Schaden seeks
voluntary dismissal pursuant to Rule 41(a)(1)(A) of the portion of this consolidated action
that was part of Civil Action No. 14-cv-02119-PAB-KLM. The Motion to Dismiss and the
Motion to Stay both solely concern the the portion of this consolidated action that Plaintiff
now seeks to dismiss. Accordingly,
IT IS HEREBY ORDERED that the Motion to Dismiss [#16, filed in Civil Action No.
14-cv-02119-PAB-KLM] and the Motion to Stay [#35] are DENIED as moot.
Dated: November 12, 2014