Filed: Jul. 11, 2014
Latest Update: Jul. 11, 2014
Summary: MINUTE ORDER KRISTEN L. MIX, Magistrate Judge. This matter is before the Court on Plaintiffs' (Second) Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 [#78], on Plaintiffs' (Second) Motion for a Scheduling Conference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR 16.1 [#84], on Defendant's Motion to Consolidate [#93], on Plaintiffs' Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary He
Summary: MINUTE ORDER KRISTEN L. MIX, Magistrate Judge. This matter is before the Court on Plaintiffs' (Second) Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 [#78], on Plaintiffs' (Second) Motion for a Scheduling Conference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR 16.1 [#84], on Defendant's Motion to Consolidate [#93], on Plaintiffs' Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hea..
More
MINUTE ORDER
KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on Plaintiffs' (Second) Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 [#78], on Plaintiffs' (Second) Motion for a Scheduling Conference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR 16.1 [#84], on Defendant's Motion to Consolidate [#93], on Plaintiffs' Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [#96], and on Plaintiffs' Motion to Supplement [] Their Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [#98].
IT IS HEREBY ORDERED that Plaintiffs' (Second) Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 [#78] is DENIED. Plaintiffs' request is based on alleged conferral and discovery abuse. However, due to the filing of dispositive motions based primarily on jurisdictional issues, a Scheduling Conference has not been held and formal discovery has not begun in this lawsuit. Thus, there is no basis on which to enter sanctions against Defendant.
IT IS FURTHER ORDERED that Plaintiffs' (Second) Motion for a Scheduling Conference and Scheduling Order Pursuant to Fed. R. Civ. P. 16 and D.C. Colo. LcivR 16.1 [#84] is DENIED as moot. The Court has issued a Recommendation [#101] that this matter be dismissed in its entirety. Thus, there is no need to hold a Scheduling Conference or enter a Scheduling Order.
IT IS FURTHER ORDERED that Defendant's Motion to Consolidate [#93] is DENIED as moot based on the pending Recommendation [#101] that the present matter be dismissed in its entirety.
IT IS FURTHER ORDERED that Plaintiffs' Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [#96] is DENIED as moot based on the pending Recommendation [#101] that this matter be dismissed in its entirety.
IT IS FURTHER ORDERED that Plaintiffs' Motion to Supplement [] Their Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [#98] is DENIED as moot based on the denial of Plaintiffs' Verified Emergency Motion for a Temporary Restraining Order and/or a Preliminary Injunction, and Request for an Evidentiary Hearing [#96].
