Opinion
No. 00-2334-JAR
January 17, 2002
ORDER
A telephone status conference was held in this matter on January 17, 2002. Plaintiff appeared at the telephone conference through counsel Christopher F. Burger. Defendant Davidchack appeared through counsel Sam L. Colville and Kelly H. Clark. Defendant Intervenor Nikitin appeared through counsel Floyd Finch. Pursuant to discussion at the conference regarding the pending motions in this matter and the imposition of a stay as to all proceedings pending a ruling by the district judge on Plaintiffs Motion for Review of Magistrate's Order, the Court enters the following Order:
By agreement of all parties, the following motions are hereby withdrawn by the referenced party and shall no longer be deemed as pending:
• Motion for Protective Order filed by Defendant Davidchack (doc. 40);
• Motion to Compel Discovery and Request for Sanctions filed by Plaintiff (doc. 46);
• Motion to Compel Deposition Testimony and Request for Sanctions filed by Plaintiff (doc. 79);
• Motion to Quash Notices of Deposition field by Plaintiff (doc. 94);
• Motion to Quash Notices of Deposition filed by Plaintiff (doc. 98);
• Motion to Quash Subpoena filed by Plaintiff (doc. 100); and
• Motion to Compel Discovery and Request for Sanctions filed by Plaintiff (doc. 109).
As noted during the conference, the Court anticipates that after the Stay is lifted and the disqualification issue is resolved, the parties will take a reasoned approach to determine which, if any, of the withdrawn motions will need to be refiled and, if any of them are refiled, the Court further anticipates that the parties will review and update the facts and arguments presented in order to eliminate any arguments which have become moot in light of the amount of time that has transpired since the motions originally were filed.
IT IS SO ORDERED.