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ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL v. BURWELL, 14-cv-02966-PAB. (2015)

Court: District Court, D. Colorado Number: infdco20150114f04 Visitors: 3
Filed: Jan. 13, 2015
Latest Update: Jan. 13, 2015
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the parties' Joint Motion to Stay District Court Proceedings Pending Appeal. [Docket No. 34]. The parties jointly request a stay of this matter pending resolution of plaintiffs' appeal of the Court's November 26, 2014 order denying plaintiffs' motion for a preliminary injunction. Docket No. 27. "The district court has discretion to determine whether to stay proceedings pending disposition of an interlocutory appeal."
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ORDER

PHILIP A. BRIMMER, District Judge.

This matter is before the Court on the parties' Joint Motion to Stay District Court Proceedings Pending Appeal. [Docket No. 34]. The parties jointly request a stay of this matter pending resolution of plaintiffs' appeal of the Court's November 26, 2014 order denying plaintiffs' motion for a preliminary injunction. Docket No. 27.

"The district court has discretion to determine whether to stay proceedings pending disposition of an interlocutory appeal." Kerr v. Hickenlooper, No. 11-cv-01350-WJM-BNB, 2012 WL 4359076 at *4 (D. Colo. Sept. 21, 2012). Defendants claim that in the absence of a stay, they intend to bring a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), and that this motion would raise issues that are likely to be addressed by the Tenth Circuit in adjudicating plaintiff's appeal. Docket No. 34 at 2. Given the similarity of issues likely to be raised in defendants' contemplated motions and the pending appeal, the Court is persuaded that good cause exists to stay the proceedings in this action.

Wherefore, it is

ORDERED that the parties' Joint Motion to Stay District Court Proceedings Pending Appeal [Docket No. 34] is GRANTED. It is further

ORDERED that this case is stayed pending the Tenth Circuit's adjudication of plaintiffs' appeal of the Court's November 26, 2014 order. It is further

ORDERED that, pursuant to D.C.COLO.LCivR 41.2, this matter is administratively closed.

Source:  Leagle

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