Apodaca et al v. Raemisch et al

Filing 84

ORDER denying 61 Plaintiffs' Motion for Class Certification. Defendants' Motion To Stay All Proceedings 80 is granted. All pending deadlines are vacated. This matter is stayed pending further order of the court. By Judge Robert E. Blackburn on 11/30/2015.(mlace, )

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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 Blackburn, J. The matter before me is defendants’ Motion To Stay All Proceedings [#80],1 filed November 27, 2015. This court’s decision denying defendants’ motion to dismiss implicates their putative entitlement to qualified immunity, and thus is a final decision properly appealable. See Ashcroft v. Iqbal, 556 U.S. 662, 672, 129 S.Ct. 1937, 1946, 173 L.Ed.2d 868 (2009). The defendants have filed a Notice of Appeal [#77]. A stay of proceedings therefore is appropriate, as this court now lacks jurisdiction over the matter. Stewart v. Donges, 915 F.2d 572, 575 (10th Cir. 1990). THEREFORE, IT IS ORDERED as follows: 1. That defendants’ Motion To Stay All Proceedings [#80], filed November 27, 1 “[#80]” 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. 2015, is granted; 2. That all pending deadlines are vacated; 3. That Plaintiffs’ Motion for Class Certification [#61], filed September 3, 2015, is denied without prejudice; and 4. That this matter is stayed pending further order of the court. Dated November 30, 2015, at Denver, Colorado. BY THE COURT: 2

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