Morgan Stanley Smith Barney, LLC et al v. Cech
MINUTE ORDER. ORDERED that this matter is dismissed, each party to bear its own costs. By Judge Philip A. Brimmer on 11/25/2015. (agarc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 14-cv-02837-PAB
MORGAN STANLEY SMITH BARNEY LLC and
MORGAN STANLEY SMITH BARNEY FA NOTES HOLDINGS LLC,
JOHN PAUL CECH, a/k/a John P. Cech, a/k/a John Cech,
This matter comes before the Court on petitioners’ response [Docket No. 15] to
the Court’s order to show cause, wherein the Court ordered petitioners to show cause
why this case should not be dismissed for failure to prosecute. Docket No. 14.
Petitioners indicate that, on May 28, 2015, the Bankruptcy Court granted respondent a
discharge in Bankruptcy Case No. 15-11664-EEB that had the ef fect of discharging
respondent’s debt to petitioners that is the subject of petitioner’s claim to confirm an
arbitration award in petitioners’ favor. As a result, petitioners state that they “are now
permanently enjoined from taking any further action on the Petition to Confirm
Arbitration Award.” Docket No. 15 at 2. Petitioners acknowledge that the Court should
dismiss this case due to the bankruptcy discharge, but should not dismiss it as a result
of any failure to prosecute. Docket No. 15 at 2. The Court agrees with petitioners that
there has been no failure to prosecute, but also agrees that, in light of the bankruptcy
discharge, this matter should be dismissed. Wherefore, it is
ORDERED that this matter is dismissed, each party to bear its own costs.
DATED November 25, 2015.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
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