Sanchez v. Brennan

Filing 65

ORDER denying as moot 53 Intervenor's Motion for Partial Summary Judgment, by Magistrate Judge Michael J. Watanabe on 2/23/2016. Adm Defendants Brief due by 3/18/2016. Adm Plaintiff Reply Brief due by 4/4/2016. (slibi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-01523-MJW ROBERT W. SANCHEZ, Plaintiff, v. MEGAN J. BRENNAN, Postmaster General, U.S. Postal Service, Defendant. ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that: • Plaintiff’s proposed amended pleading (Docket No. 64) is hereby ACCEPTED FOR FILING and is now the operative complaint in this case; • By operation of the amended complaint (Docket No. 64), and in light of Plaintiff’s unequivocal representations that he does not seek to challenge the Pittman Class Action settlement (see Docket Nos. 58, 60, & 62), Count Two is hereby deemed VOLUNTARILY DISMISSED by Plaintiff under Fed. R. Civ. P. 41(a)(2); • Judgment SHALL ENTER under Fed. R. Civ. P. 54(b) against Plaintiff Robert W. Sanchez and in favor of Intervenor Pittman Class (through Class Counsel John Mosby), as to any claim that can be construed as raising a challenge to the Pittman Class Action. Each party shall pay its own costs and fees; and • Intervenor’s Motion for Partial Summary Judgment (Docket No. 53) is DENIED AS MOOT. • In light of the foregoing, it is not apparent whether the Court has subjectmatter jurisdiction over claims subsumed into an administrative classaction proceeding. (See Docket No. 24, p.13 n.7.) Accordingly, the Court sua sponte orders the parties to brief the matter of the Court’s jurisdiction. Defendant’s opening brief SHALL BE filed on or before March 18, 2016. Plaintiff’s response brief SHALL BE filed on or before April 4, 2016. No reply will be permitted absent leave of court. So ordered. Dated: February 23, 2016 Denver, Colorado /s/ Michael J. Watanabe Michael J. Watanabe United States Magistrate Judge

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