Weishoff v. Arnold et al

Filing 37

ORDER granting in part and denying in part 35 the Unopposed Motion to Stay Proceedings. The motion is denied to the extent it requests a stay of the proceedings. The motion is granted in that this case will be administratively closed pursuant to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown. In furtherance of the administrative closure, the parties are ordered to either submit dismissal documents or a joint status report with the Court not later than Monday, August 2 4, 2015. Based upon the parties filing, the Court will determine the appropriate course of action. It is FURTHER ORDERED that in light of the administrative closure of this matter, the Defendants motions to dismiss ECF No. 21 and ECF No. 22 are DENIED WITHOUT PREJUDICE, by Judge Wiley Y. Daniel on 3/2/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 14-cv-02608-WYD-CBS
ANGELA WEISHOFF,
Plaintiff,
v.
MICHAEL ARNOLD, in his official and individual capacities;
C&D ENTERPRISES, INC., d/b/a C&D SECURITY; and
SHERIFF DAVID C. WALCHER, in his official capacity,
Defendants.

ORDER OF ADMINISTRATIVE CLOSURE

THIS MATTER is before the Court on the Unopposed Motion to Stay
Proceedings (ECF No. 35), filed February 25, 2015. In the motion, the parties indicate
that they have reached a settlement of the Plaintiff’s claims, which will result in a
stipulated dismissal of this action. However, “[p]rior to executing the settlement
agreement, a temporary conservator must be appointed to act on Plaintiff’s behalf and
obtain approval of the settlement from the state probate court. These proceedings are
currently underway.” (Mot. at 1). Thus, Plaintiff requests a stay of this case while the
“collateral state court proceedings are pending.” (Mot. at 2).
After carefully reviewing the file in this matter, I find that relief is warranted for
good cause shown by the parties. However, to the extent that the parties request a
stay, that request is denied. In lieu of a stay, the case will be administratively closed
pursuant to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown.

Accordingly, it is
ORDERED that the Unopposed Motion to Stay Proceedings (ECF No. 35), filed
February 25, 2015, is DENIED IN PART AND GRANTED IN PART. The motion is
denied to the extent it requests a stay of the proceedings. The motion is granted in that
this case will be administratively closed pursuant to D.C.COLO.LCivR 41.2 with leave to
be reopened for good cause shown. It is
FURTHER ORDERED that since the length of the collateral state court
proceedings described in the motion is uncertain, I find that this case should be
administratively closed pursuant to D.C.COLO.LCivR 41.2 with leave to be reopened for
good cause shown. In furtherance of the administrative closure, the parties are ordered
to either submit dismissal documents or a joint status report with the Court not later than
Monday, August 24, 2015. Based upon the parties’ filing, the Court will determine the
appropriate course of action. It is
FURTHER ORDERED that in light of the administrative closure of this matter, the
Defendants’ motions to dismiss (ECF No. 21 and ECF No. 22) are DENIED WITHOUT
PREJUDICE.
Dated: March 2, 2015
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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