Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: MINUTE ORDER KRISTEN L. MIX , Magistrate Judge . This matter is before the Court on Defendant's Motion to Stay Time to Respond to Motion for Summary Judgment [#26] (the "Motion") and on the parties' Consent/Non-Consent Forms [#18, #24]. This lawsuit was filed on March 7, 2016. See Compl. [#1]. On April 4, 2016, Plaintiff, who proceeds as a pro se litigant, filed a Motion for Summary Judgment [#11] which addresses the merits of his case. On April 6, 2016, Defendant entered an appearanc
Summary: MINUTE ORDER KRISTEN L. MIX , Magistrate Judge . This matter is before the Court on Defendant's Motion to Stay Time to Respond to Motion for Summary Judgment [#26] (the "Motion") and on the parties' Consent/Non-Consent Forms [#18, #24]. This lawsuit was filed on March 7, 2016. See Compl. [#1]. On April 4, 2016, Plaintiff, who proceeds as a pro se litigant, filed a Motion for Summary Judgment [#11] which addresses the merits of his case. On April 6, 2016, Defendant entered an appearance..
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MINUTE ORDER
KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on Defendant's Motion to Stay Time to Respond to Motion for Summary Judgment [#26] (the "Motion") and on the parties' Consent/Non-Consent Forms [#18, #24]. This lawsuit was filed on March 7, 2016. See Compl. [#1]. On April 4, 2016, Plaintiff, who proceeds as a pro se litigant, filed a Motion for Summary Judgment [#11] which addresses the merits of his case. On April 6, 2016, Defendant entered an appearance in this matter. Notice [#14]. On April 20, 2016, Defendant filed a Motion to Dismiss for Lack of Personal Jurisdiction [#19] pursuant to Fed. R. Civ. P. 12(b)(2). In the present Motion [#26], Defendant asks the Court to continue Defendant's deadline to respond to the Motion for Summary Judgment until after the personal jurisdiction issue is resolved. The Court agrees that it is appropriate to determine issues of jurisdiction before addressing the merits of the case. See, e.g., Al-Turki v. Tomsic, No. 15-cv-00524-REB-KLM, 2015 WL 8758745, at *1 (D. Colo. Dec. 15, 2015) (citing cases). Accordingly,
IT IS HEREBY ORDERED that the Motion [#26] is GRANTED. If necessary, Defendant shall file a response to Plaintiff's Motion for Summary Judgment [#11] fourteen (14) days after resolution of the Motion to Dismiss for Lack of Personal Jurisdiction [#19].1
Regarding the Consent/Non-Consent Forms, Plaintiff signed and filed one on April 20, 2016. See [#18]. However, he did not check the appropriate line regarding whether he consents or does not consent. See id. On April 26, 2016, Defendant filed a second form, signed by only Defendant and indicating that all parties consent. See [#24]. Defendant notes that Plaintiff had previously filed a signed form but does not mention the fact that Plaintiff did not check whether he consented on that form. See id. The Court must have a clearer statement regarding consent before this case can either be assigned to the undersigned pursuant to 28 U.S.C. § 636(c) or else reassigned to a District Judge. Accordingly,
IT IS HEREBY ORDERED that, on or before June 6, 2016, the parties shall file a Consent/Non-Consent Form, signed by both parties, indicating whether they do or do not consent to have a United States Magistrate Judge conduct all proceedings in this civil action, including trial, and to order the entry of a final judgment. See [#22] (setting consent form deadline for June 6, 2016).
