Nelson et al v. Csajaghy et al

Filing 49

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/14/15. Defendants' Motion to Vacate Scheduling Conference [#47] is DENIED without prejudice.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02617-CMA-KLM
ERIC S. NELSON, and
STEVE STEPHENS,
Plaintiffs,
v.
STEPHEN E. CSAJAGHY,
CONDIT CSAJAGHY, LLC,
JAMES E. PENNINGTON, and
THE LAW OFFICES OF JAMES E. PENNINGTON, P.C.,
Defendants.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Motion to Vacate Scheduling
Conference [#47]1 (the “Motion”). In the Motion, Defendants ask the Court to “vacate the
January 21, 2015 Scheduling Conference until: (1) the Motions to Dismiss the entire action
are resolved; and (2) the Courts in the related cases confer to discuss whether the related
cases should be reassigned under D.C.COLO.LCivR 40.1 or transferred under
D.C.COLO.LCivR 40.1(c)(4)(A) in accordance with D.C.COLO.LCivR 3.2 . . . .” Motion
[#47] at 6. In short, Defendants are asking the Court to stay this action until dispositive
motions are resolved and other issues are addressed. In support of this relief, Defendants
cite to several cases in which the Court considered the factors outlined in String Cheese
Incident, LLC v. Stylus Shows, Inc., No. 05-cv-01934-LTB-PAC, 2006 WL 894955, at *2
(D. Colo. Mar. 30, 2006) (finding that a thirty day stay of discovery was appropriate when
a motion to dismiss for lack of personal jurisdiction was pending). Id. at 3-4. However,
Defendants do not cite to String Cheese Incident or offer any argument regarding the String
Cheese Incident factors. If Defendants would like to ask the Court to stay this action, they
must discuss these factors. Accordingly,

1

“[#47]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). This convention is used throughout this Minute Order.

1

IT IS HEREBY ORDERED that the Motion [#47] is DENIED without prejudice.
The Court further notes that the parties’ proposed Scheduling Order is due on
January 14, 2015. To the extent the parties would like to request an extension of this
deadline, they may request a short extension by jointly calling chambers at [phone].
Dated: January 14, 2015

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