Opinion
Civil Action No. 10-cv-02613-PAB-CBS.
November 17, 2010
ORDER
This matter is before the Court on plaintiff's motion for preliminary injunction [Docket No. 6]. A hearing on this motion is currently set before the Court for November 29, 2010. On November 16, 2010, defendant filed a Statement of Agreement to Relief Requested in Plaintiff's Motion for Preliminary Injunction [Docket No. 21], wherein defendant agreed to the injunctive relief requested by plaintiff. That same day, Magistrate Judge Kristen L. Mix held a discovery hearing during which defendant stipulated to the relief requested in plaintiff's motion for preliminary injunction.
Additionally, defendant's Statement indicates his agreement to proceed to arbitration, Docket No. 21 at 2-3, and concedes that the dispute is arbitrable before FINRA. Docket No. 21 at 1.
Accordingly, it is
ORDERED that plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction [Docket No. 6] is denied as moot. It is further ORDERED that the preliminary injunction hearing scheduled for November 29, 2010 is vacated. It is further
ORDERED that on or before Monday, November 29, 2010, the parties shall show cause why this case should not be stayed and administratively closed, pursuant to D.C.COLO.LCivR 41.2, pending arbitration.
DATED November 17, 2010.