Apodaca et al v. Raemisch et al

Filing 66

ORDER granting 63 Motion To Stay Briefing on Plaintiff's Motion for ClassCertification. Plaintiffs' Motion for ClassCertification 61 is suspended, pending further order. By Judge Robert E. Blackburn on 9/10/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00845-REB-MJW
JONATHAN APODACA, and
JOSHUA VIGIL,
on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
RICK RAEMISCH, Executive Director, Colorado Department of Corrections, in his
individual capacity, and
TRAVIS TRANI, Warden, Colorado State Penitentiary, in his individual capacity,
Defendants.

ORDER GRANTING MOTION TO STAY BRIEFING ON
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Blackburn, J.
The matter before me is defendants’ Motion To Stay Briefing on Plaintiff’s
Motion for Class Certification [#63],1 filed September 8, 2015. By this motion,
defendants seek to suspend the deadline for their response to Plaintiffs’ Motion for
Class Certification [#61], filed September 3, 2015, until their pending Motion To
Dismiss or Motion for Summary Judgment [#18], filed June 19, 2015, is resolved.
I agree it would be prodigal to address the issues raised by and inherent to the
motion for class certification before determining whether plaintiffs’ claims survive
summary dismissal under Rules 12 or 56. Because Magistrate Judge Watanabe has

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“[#63]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

issued his Report and Recommendation on Defendants’ Motion To Dismiss or
Motion for Summary Judgment (Docket No. 18) [#64], the court anticipates that any
delay occasioned by suspending briefing on the motion will not be prolonged.
THEREFORE, IT IS ORDERED as follows:
1. That defendants’ Motion To Stay Briefing on Plaintiff’s Motion for Class
Certification [#63], filed September 8, 2015, is granted;
2. That defendants’ obligation to file a response to Plaintiffs’ Motion for Class
Certification[#61], filed September 3, 2015, is suspended, pending further order.
Dated September 10, 2015, at Denver, Colorado.
BY THE COURT:

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