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REALITY TECHNOLOGY, INC. v. U.S., 13-cv-02805-REB-BNB. (2015)

Court: District Court, D. Colorado Number: infdco20150128i74 Visitors: 9
Filed: Jan. 23, 2015
Latest Update: Jan. 23, 2015
Summary: ORDER ROBERT E. BLACKBURN, District Judge. This matter is before me sua sponte. This case is currently set for a four-day bench trial commencing Monday, February 9, 2015. However, still pending for recommendation before the magistrate judge is Defendant's Motion To Dismiss and for Judgment on the Pleadings [#33], 1 filed September 26, 2014. Even if a recommendation were issued today, there would be insufficient time for the parties to marshal any objections and responses thereto and for m
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ORDER

ROBERT E. BLACKBURN, District Judge.

This matter is before me sua sponte. This case is currently set for a four-day bench trial commencing Monday, February 9, 2015. However, still pending for recommendation before the magistrate judge is Defendant's Motion To Dismiss and for Judgment on the Pleadings [#33],1 filed September 26, 2014. Even if a recommendation were issued today, there would be insufficient time for the parties to marshal any objections and responses thereto and for me to consider and rule on any such objections and the recommendation before the date currently set for bench trial.

Thus, I find and conclude that it would be in the best interest of all to vacate and continue the trial (and all attendant pretrial deadlines) until after the motion to dismiss has been fully vetted.

THEREFORE IT IS ORDERED that all extant pretrial deadlines, the combined Final Pretrial Conference andTrial Preparation Conference set February 6, 2015, at 10:00 a.m., and the bench trial set to commence February 9, 2015, are VACATED and CONTINUED pending further order of court.2

FootNotes


1. "[#33]" 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.
2. In the event that my resolution of the magistrate judge's recommendation does not fully dispose of all claims and causes of action, I will enter further orders to reschedule this matter for trial to the court.
Source:  Leagle

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