Electrology Laboratory, Inc. v. Kunze et al
Filing
183
MINUTE ORDER. The 182 Stipulation and Joint Motion to Approve Stipulation Regarding Stay of Proceedings Regarding Remaining Claim is granted. The Final Trial Preparation Conference scheduled for 4/5/2013 and the trial set for 4/22/2013 are vacated . In light of the parties' agreement, Defendants' and Third-Party Plaintiffs' 151 Combined Motion for Summary Judgment Dismissing Plaintiff's Third Claim for Relief and Memorandum Brief in Support Thereof is withdrawn without prejudice. By Judge Philip A. Brimmer on 3/29/13.(mnfsl, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01907-PAB-KMT
ELECTROLOGY LABORATORY, INC., d/b/a Rocky Mountain Laser College, a
Colorado corporation,
RAY FLUKEN,
JODY RIGGS FLUKEN, and
JESSICA RIGGS,
Plaintiffs,
v.
LARRY PAUL KUNZE a/k/a Lorenzo Kunze and Lorenzo Blackstone Kunze, M.E.,
d/b/a American Laser College and The Laser College, and
LARRY PAUL KUNZE, JR., a/k/a Lorenzo Kunze, Jr.,
Defendants,
v.
RAY FLUKEN,
JODY RIGGS FLUKEN, and
JESSICA RIGGS,
Third-Party Defendants.
MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the Stipulation and Joint Motion to Approve
Stipulation Regarding Stay of Proceedings Regarding Remaining Claims [Docket No.
182]. In their motion, the parties request that the Court vacate the Final Trial
Preparation Conference scheduled for April 5, 2013 and the trial set to commence on
April 22, 2013. Docket No. 182 at 2-3.
On March 18, 2013, this case was stayed against defendant Lorenzo Kunze, Sr.
[Docket No. 178] after he filed a voluntary petition for relief under Chapter 13 of the
Bankruptcy Code. Id. at 2, ¶ 2. The parties state that they cannot prosecute the
remaining claims at issue without Mr. Kunze, Sr. The parties request that the Court
vacate the final trial preparation conference and the trial and allow the parties to submit
status reports every ninety days. Id. at 2. In addition, the parties notified the Court that
they consent to the withdrawal of the Defendants’ Motion for Summary Judgment
[Docket No. 151] without prejudice.
Wherefore, it is
ORDERED that the Stipulation and Joint Motion to Approve Stipulation
Regarding Stay of Proceedings Regarding Remaining Claim [Docket No. 182] is
GRANTED. It is further
ORDERED that the Final Trial Preparation Conference scheduled for April 5,
2013 and the trial set for April 22, 2013 are VACATED. It is further
ORDERED that, in light of the parties’ agreement, Defendants’ and Third-Party
Plaintiffs’ Combined Motion for Summary Judgment Dismissing Plaintiff’s Third Claim
for Relief and Memorandum Brief in Support Thereof [Docket No. 151] is WITHDRAWN
without prejudice. It is further
ORDERED that the parties shall file a status report every 120 days from the date
of this order.
DATED March 29, 2013.
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