Opinion
Civil Action No. 09-cv-02757-WYD-KMT
05-22-2012
COLORADO CROSS-DISABILITY COALITION, a Colorado non-profit Corporation, ANITA HANSEN, and JULIE FARRAR, Plaintiffs, v. ABERCROMBIE & FITCH CO., ABERCROMBIE & FITCH STORES, INC, and J.M. HOLLISTER LLC, d/b/a HOLLISTER CO., Defendants.
Magistrate Judge Kathleen M. Tafoya
ORDER
This matter is before the court on "Stipulated Modifation (sic) of Discovery Stay" [Doc. No. 166].
All deadlines in this case were stayed on December 19, 2011 "pending ruling on the [then pending] Motion for Class Certification." Order [Doc. No. 152]. Class Certification was granted on April 20, 2012. Therefore, the stay was lifted at that time.
In a subsequently filed status report [Doc. No. 163], after noting the pendency of Plaintiffs' "Motion for Summary Judgment and Entry of Injunction and Entry of Judgment" [Doc. 162] and after asserting that Defendants were preparing a Motion for Summary Judgment based upon changed circumstances [now filed as Doc. No. 164], the parties stated, "[t]he parties propose that discovery remain stayed pending resolution of the motions cited above." Id. at ¶ 8. The status report was neither filed nor docketed as a motion seeking continuance of the stay previously ordered or as a motion seeking a new stay and therefore no action to re-institute the stay has been commenced.
Therefore, the "Stipulated Modifation (sic) of Discovery Stay" [Doc. No. 166] is DENIED. There is no stay as to which such a modification may be directed.
BY THE COURT:
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Kathleen M. Tafoya
United States Magistrate Judge