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SHAW v. INTERTHINX, INC., 13-cv-01229-REB-BNB. (2014)

Court: District Court, D. Colorado Number: infdco20141009960 Visitors: 26
Filed: Oct. 02, 2014
Latest Update: Oct. 02, 2014
Summary: ORDER ROBERT E. BLACKBURN, District Judge. This matter is before me sua sponte. As required by my previous Order [#217], filed September 16, 2014, the parties were required to file a joint status to advise the court about the progress of their settlement. The parties have complied with that directive and have shown that they have made substantial progress toward finalizing the settlement. ( See Joint Status Report [#219], filed October 1, 2014.) However, they also recently filed their
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ORDER

ROBERT E. BLACKBURN, District Judge.

This matter is before me sua sponte. As required by my previous Order [#217], filed September 16, 2014, the parties were required to file a joint status to advise the court about the progress of their settlement. The parties have complied with that directive and have shown that they have made substantial progress toward finalizing the settlement. (See Joint Status Report [#219], filed October 1, 2014.) However, they also recently filed their Joint Motion To Modify Scheduling Order To Extend Amendment of Pleadings Deadline and To Amend the First Amended Complaint ([#218], filed October 1, 2014), by which they seek to amend the pleadings to add parties and claims to this action which currently are part of two other, but related, class action lawsuits, all of which are part of the parties' proposed settlement. Their request to continue to stay is inconsistent with this request for affirmative relief from the court. Although that the stay may be continued in all other respects, it must be lifted in order to allow the court to consider the parties' motion. Moreover, given the history of this case, the court finds it prudent to extend the length of the request stay beyond the date requested by the parties.

THEREFORE, IT IS ORDERED as follows:

1. That the stay previously entered by my Order [#199], filed February 24, 2014, is LIFTED to the extent necessary to facilitate consideration of the Joint Motion To Modify Scheduling Order To Extend Amendment of Pleadings Deadline and To Amend the First Amended Complaint ([#218], filed October 1, 2014;

2. That in all other respects, this case continues to be STAYED pending further order of the court; and

3. That by January 31, 2015, the parties SHALL FILE a joint status report apprising the court of the progress and status of the case.

Source:  Leagle

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