Affiniti Colorado, LLC v. EAGLE-Net Alliance et al

Filing 39

MINUTE ORDER denying without prejudice 30 Motion to Strike Respondent EAGLENet Alliances Motion to Dismiss for Failure to Join a Necessary and Indispensable Party; denying without prejudice 31 Motion to Dismiss for Failure to Join a Necessary and Indispensable Party; denying without prejudice 32 Motion to Strike Respondent EAGLE-Net Alliances Petition for Show Cause Order, Counterclaims and Third-Party Complaint by Magistrate Judge Michael E. Hegarty on 02/22/2016.(mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00031-MSK-MEH
AFFINITI COLORADO, LLC,
Petitioner,
v.
EAGLE-NET ALLIANCE,
Respondent/Third-Party Plaintiff,
v.
DEPARTMENT OF COMMERCE,
Third-Party Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on February 22, 2016.
Before the Court are three motions:
•

Petitioner Affiniti Colorado, LLC’s Motion to Strike Respondent EAGLENet Alliance’s Motion to Dismiss for Failure to Join a Necessary and
Indispensable Party [filed February 4, 2016; docket #30];

•

Respondent EAGLE-Net Alliance’s Motion to Dismiss for Failure to Join a
Necessary and Indispensable Party [filed February 4, 2016; docket #31]; and

•

Petitioner Affiniti Colorado, LLC’s Expedited Motion to Strike Respondent
EAGLE-Net’ Alliance’s Petition for Show Cause Order, Counterclaims and
Third-Party Complaint [filed February 4, 2016; docket #32].

In light of the pending motion to consolidate cases presently before Chief Judge Marcia S.
Krieger in a related case, 15-cv-01883-MSK-KLM [see Notice of Related Case, docket #10], and
considering this Court’s conversations with both Judge Krieger and Magistrate Judge Kristen L. Mix
regarding the posture of these cases, the three motions listed above are denied without prejudice.
After Judge Krieger issues her order regarding the motion to consolidate, the parties may, if
appropriate, refile these motions.