Galarza-Rios v. OptumCare New Mexico, LLC

Filing 40

ORDER EXTENDING STAY by Chief Magistrate Judge Carmen E. Garza. Case is stayed to 5/28/21. Parties' Joint Status Report due to the Court by or before 5/28/21. (crc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DR. XIMENA P GALARZA-RIOS, MD,
Plaintiff,
v.

No. CV 20-813 WJ/CG
consolidated with
No. CV 20-900 WJ/CG

OPTUMCARE NEW MEXICO, LLC,
Defendants.
ORDER EXTENDING STAY OF DISCOVERY
THIS MATTER is before the Court upon review of the record. The Court
previously stayed all discovery and pretrial deadlines in this case, pending resolution of
the dispositive motions in two related actions, 20-cv-474 RB/SCY and 20-cv-900
WJ/CG. On April 23, 2021, the parties filed a Third Joint Status Report, (the “JSR”),
notifying the Court that United States District Judge Robert C. Brack granted Plaintiff’s
request to amend her complaint in 20-cv-474 RB/SCY, and consequently denied
Defendant’s Motion to Dismiss, (Doc. 4), “as moot [] but with leave to refile based on the
amended complaint.” (Doc. 39 at 1). The parties explain, however, that Judge Brack’s
ruling on the Motion to Dismiss “was not a substantive ruling—as it did not resolve the
pending motion on the merits—and thus this Court’s Stay should continue to remain
effective until such ruling.” Id.
IT IS THEREFORE ORDERED that this matter is further stayed until May 28,
2021.

IT IS FURTHER ORDERED that on or before May 28, 2021, the parties shall
provide a joint status report updating the Court on the status of any renewed motion to
dismiss Defendant intends to file in the related cases.
IT IS SO ORDERED.

_______________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE