Opinion
Civil Action No. 11-cv-03181-KLM
04-30-2012
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Order to Show Cause issued April 19, 2012 [#43], Defendants' Notice Regarding Jurisdiction in Response to Order to Show Cause [Docket No. 44; Filed April 24, 2012], and Plaintiff's Response to the Order to Show Cause (Doc. No. 43) [Docket No. 48; Filed April 27, 2012].
IT IS HEREBY ORDERED that Plaintiff's Unopposed Motion to Accept Filing
One Day Out of Time [Docket No. 47; Filed April 27, 2012] (the "Motion") is GRANTED. Plaintiff's Response [#48] is accepted as timely filed.
IT IS FURTHER ORDERED that Plaintiff's Unopposed Motion to Accept Filing One Day Out of Time [Docket No. 46; Filed April 27, 2012] is DENIED AS MOOT.
IT IS FURTHER ORDERED that the obligations stated in the Order to Show Cause [#43] are DISCHARGED. The Court is satisfied that it may exercise subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1332, for the reasons stated in Defendants' Notice of Removal. See
In light of the Amended Complaint [#41] which dropped Plaintiff's ERISA claim,
IT IS FURTHER ORDERED that the Administrative Record [#36] is REJECTED as moot, and the Scheduling Order premised on Plaintiff's ERISA claim entered January 31, 2012 [#26] is VACATED.
IT IS FURTHER ORDERED that a Scheduling Conference is set for July 3, 2012, at 11:00 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado.
IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling order pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures on or before June 28, 2012. All other provisions of the Order Setting Scheduling/Planning Conference issued December 9, 2011 [#16] remain in effect.