JDK LLC et al v. Hodge et al

Filing 112

ORDER. ORDERED that the parties' Amended Consent Motion for Administrative Closure 111 is DENIED. Signed by Judge Philip A. Brimmer on 12/31/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00494-PAB-NYW
JDK LLC, a Colorado limited liability company,
DEBORAH KOLASSA,
JERRY KOLASSA, and
S. MARK SPOONE,
Plaintiffs,
v.
PAUL A. TALBOT,
FRANK O. HOFMEISTER,
MAX 1 FINANCIAL LLC, a Colorado limited liability company, and
BROOKE TALBOT,
Defendants.

ORDER

This matter is before the Court on the parties’ Amended Consent Motion for
Administrative Closure [Docket No. 111]. The parties seek administrative closure of this
action on the following terms: (1) if plaintiffs reopen the case, the status of discovery will
resume from the date the instant motion was filed; (2) if plaintiffs reopen this case, all
pending motions that are currently ripe for resolution will become ripe for resolution
without further action by the parties; and (3) if plaintiffs do not move to reopen this case
on or before March 10, 2016, they waive any right to reopen or otherwise resume this
litigation and to bring any claims in any arbitration or litigation against defendants based
on the facts at issue in this case. Id. at 1-2.

The parties’ terms for administrative closure are inconsistent with the Local
Rules of this district. Specifically, the parties’ second condition for administrative
closure – immediate reinstatement of any currently-pending motion upon reopening of
this case – is contrary to Civil Local Rule 41.2, which states that “[a]dministrative
closure of a civil action terminates any pending motion” and that “[r]eopening of a civil
action does not reinstate any motion.” D.C.COLO.LCivR 41.2. Given this
inconsistency, the Court will not accept the parties’ stated conditions for their consent to
administrative closure. Accordingly, it is
ORDERED that the parties’ Amended Consent Motion for Administrative Closure
[Docket No. 111] is DENIED.
DATED December 31, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

2