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Kimber v. Winter

United States District Court, D. Colorado
Oct 29, 2008
Civil Action No. 08-cv-01407-BNB-MEH (D. Colo. Oct. 29, 2008)

Opinion

Civil Action No. 08-cv-01407-BNB-MEH.

October 29, 2008


ORDER


This matter is before me on the following:

(1) Motion/Request for the Courts intervention on my behalf to protect my rights as a federal employee entitled to monetary compensation [Doc. # 11, filed 10/6/2008] (the "Motion for Intervention");

(2) Motion/Special Request for Discovery [Doc. # 12, filed 10/6/2008] (the "Motion for Discovery");

(3) Unopposed Motion to Stay Discovery Pending Ruling on Defendant's Motion to Dismiss or In the Alternative to Transfer for Improper Venue [Doc. # 14, filed 10/6/2008] (the "Unopposed Motion to Stay Discovery"); and

(4) Unopposed Motion for Extension of Time to Respond to Plaintiff's Motions (Docs. 11, 12) Pending Ruling on Defendant's Motion to Dismiss or In the Alternative to Transfer for Improper Venue [Doc. # 19, filed 10/7/2008] (the "Unopposed Motion for Extension").

The plaintiff apparently does not oppose a stay of discovery pending a ruling on the defendant's motion to dismiss. In view of that, the Motion for Discovery can be denied as moot.

The plaintiff also apparently does not oppose extending the deadline for the defendant to respond to the Motion for Intervention until a ruling on the motion to dismiss. I cannot rule on that motion until a response is filed. Consequently, I will deny the Motion for Intervention without prejudice, to be renewed if appropriate after a ruling on the motion to dismiss.

Finally, because I am denying as moot the Motion for Discovery and denying without prejudice the Motion for Intervention, no response to those motions is necessary and the Motion for Extension is moot.

IT IS ORDERED that the Motion for Intervention [Doc. # 11] is DENIED WITHOUT PREJUDICE, and may be renewed if appropriate after a ruling on the defendant's motion to dismiss.

IT IS FURTHER ORDERED that the Motion for Discovery [Doc. # 12] is DENIED AS MOOT.

IT IS FURTHER ORDERED that the Unopposed Motion to Stay Discovery [Doc. # 14] is GRANTED.

IT IS FURTHER ORDERED that the Unopposed Motion for Extension [Doc. # 19] is DENIED AS MOOT.

IT IS FURTHER ORDERED that the hearing on these motions, set for November 14, 2008, at 9:00 a.m., is VACATED.


Summaries of

Kimber v. Winter

United States District Court, D. Colorado
Oct 29, 2008
Civil Action No. 08-cv-01407-BNB-MEH (D. Colo. Oct. 29, 2008)
Case details for

Kimber v. Winter

Case Details

Full title:BART D. KIMBER, Plaintiff, v. DR. DONALD C. WINTER, Secretary of the Navy…

Court:United States District Court, D. Colorado

Date published: Oct 29, 2008

Citations

Civil Action No. 08-cv-01407-BNB-MEH (D. Colo. Oct. 29, 2008)