Opinion
Civil Action No. 08-cv-02034-WYD-MJW.
December 23, 2008
ORDER
THIS MATTER is before the Court on Plaintiff's Unopposed Motion to Stay Proceedings [doc. #29, filed December 17, 2008]. Plaintiff advises that the parties have agreed that Plaintiff will apply for benefits under Defendant's Separation Pay Plan and exhaust his administrative remedies. Plaintiff asks the Court to stay, rather than dismiss, the proceedings in order to avoid additional attorney's fees and costs to re-file the case should he be denied benefits under the Separation Pay Plan.
The Court, having considered the Motion and being fully advised in the premises therein, finds that rather than leaving this case open for a lengthy period of time pending Plaintiff's exhaustion of administrative remedies, this case should be administratively closed pursuant to D.C.COLO.LCivR 41.2. See Quinn v. CGR, 828 F.2d 1463, 1465 n. 2 (10th Cir. 1987) (construing administrative closure as the practical equivalent of a stay). The case may be reopened for good cause shown, which shall include any further court proceedings the parties deem necessary after the exhaustion of administrative remedies. In conclusion, it is
ORDERED that Plaintiff's Unopposed Motion to Stay Proceedings [doc. #29, filed December 17, 2008] is GRANTED in part and DENIED in part. It is denied to the extent it seeks stay in the case but granted to the extent the Court has used the Motion to order an administrative closure. It is
FURTHER ORDERED that this case shall be ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2, to be reopened for good cause shown.