Opinion
Civil Case No. 04-cv-01811-REB-CBS.
September 27, 2005
ORDER DISMISSING WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS, STAY OR TRANSFER AND MEMORANDUM IN SUPPORT
The matter before me is Defendant's Motion to Dismiss, Stay or Transfer and Memorandum in Support [#21], filed December 6, 2004. A status report filed August 25, 2005 [#49], represented that "[t]he parties have entered into a settlement agreement and are in the final stages of executing the settling documents." Although no motion to dismiss was filed on or before September 26, 2005, as directed by the court ( see Minute Order [#50], filed August 25, 2005), I will take the parties at their word that a settlement has been achieved, which only requires written formalization. Under the circumstances, there is no reason for this pending motion to continue to clutter the court's docket.
THEREFORE, IT IS ORDERED that Defendant's Motion to Dismiss, Stay or Transfer and Memorandum in Support [#21], filed December 6, 2004, is DENIED WITHOUT PREJUDICE.