Baldwin v. USA
Filing
82
MINUTE ORDER; Plaintiff's 80 Motion for Expense Pursuant to Rule 37 Fed.R.Civ.P. is DENIED WITHOUT PREJUDICE. Plaintiff may re-file the Motion when and if the case is reopened, by Magistrate Judge Kristen L. Mix on 3/19/2013.(klmcd, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02033-MSK-KLM
CHARLES A. BALDWIN,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Expenses Pursuant to
Rule 37 Fed. R. Civ. P. [Docket No. 80; Filed February 19, 2013] (the “Motion”). Plaintiff
requests in the Motion that the Court award him expenses pursuant to Fed. R. Civ. P.
37(a)(5) based on a discovery motion he filed that was referred to and subsequently ruled
on by the Special Master. [#80] at 2-5; Order of Special Master [#50]. This case, however,
has been administratively closed since June 15, 2012, and Plaintiff’s Objection to the Order
of the Special Master [#51] was terminated. See [#62]. The Court will not adjudicate any
discovery dispute, including a Rule 37 request for expenses related to a discovery dispute,
unless and until the lawsuit is reopened by an Order of the Court. No further pleadings
shall be filed unless and until the case is reopened. Accordingly,
IT IS HEREBY ORDERED that the Motion [#80] is DENIED WITHOUT PREJUDICE.
Plaintiff may re-file the Motion when and if the case is reopened.
Dated: March 19, 2013
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