Opinion
Civ. No. 06-3880 (RHK/RLE), Civ. No. 06-3881 (RHK/RLE).
August 8, 2007
ORDER
These matters are before the Court on the parties' joint request (via attached letter) to stay these cases pending the Eighth Circuit's decisions in several related cases brought by David Velde, the Plaintiff herein. The Court having concluded that a stay is neither advisable nor appropriate at this time, the parties' joint request is hereby DENIED.
Honorable Richard H. Kyle
United States District Court
764 Federal Building
316 N. Robert St.
St. Paul, MN 55101
Re: Daniel S. Miller v. Randy Kroeplin
Bky. Case No. 04-60106
Adv. Case No. 06-06095
Court File No. 06-3880 (RHK/RLE)
Our File No. 20532-001
Daniel S. Miller v. Joe Philipp
Bky. Case No. 04-60106
Adv. Case No. 06-06088
Court File No. 06-3881 (RHK/RLE)
Our File No. 20532-001
Dear Judge Kyle:
The purpose of this correspondence is to request that Court File Nos. 06-3880 and 06-3881 be stayed pending the outcome of David G. Velde's appeal to the Eighth Circuit Court of Appeals Court File Nos. 07-2070, 07-2073, and No. 07-2017.
Many of the issues on appeal at the Eighth Circuit apply to the above-referenced matters. I have had discussions with the defendants' counsel, Lowell Bottrell, and he joins me in this request to stay the proceedings pending the outcome of the appeals.
Both myself and Mr. Bottrell can make ourselves available for a telephone conference with the Court if it so desires and I would be happy to arrange for such telephone conference. Also, if the Court desires Mr. Bottrell and I to enter into a written stipulation regarding the stay, again, I would be willing to draft the stipulation and circulate it with Mr. Bottrell and then file it with the Court.
Thank you for your attention concerning this matter.