Free Set/Reset Deadlines - District Court of Colorado - Colorado

Case 1:03-cv-00623-WYD-PAC

Document 62

Filed 12/16/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 03-cv-00623-WYD-PAC EVA LYONS, Plaintiff, v. RED ROOF INNS, INC., Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER is before the Court on a review of the file. By Order filed August 11, 2004, I affirmed and adopted a Recommendation of Magistrate Judge Coan to grant summary judgment to Defendant on Plaintiff' claims. Judgment was entered in favor of s Defendant on August 12, 2004. On May 12, 2005, the Tenth Circuit reversed the entry of summary judgment in favor of Defendant on Plaintiff' claim of gender discrimination s and remanded the case to this Court for further proceedings. In the same Order, the Tenth Circuit affirmed this Court' entry of summary judgment in favor of Defendant on s Plaintiff' reverse racial discrimination and retaliation. The Mandate was issued June s 14, 2005. Upon remand, the parties filed a Joint Status Report on July 27, 2005, indicating that Plaintiff intended to file a petition for writ of certiorari with the United States Supreme Court as to the two claims that the Tenth Circuit affirmed the grant of summary judgment. The parties stated that it would best serve the parties and the

Case 1:03-cv-00623-WYD-PAC

Document 62

Filed 12/16/2005

Page 2 of 2

interests of judicial economy to stay the gender discrimination claim until Plaintiff obtained a ruling on her petition. Accordingly, by Order filed August 5, 2005, this matter was stayed during the pendency of Plaintiff' petition for writ of certiorari. s On December 13, 2005, a Notice was filed with this Court by the Tenth Circuit indicating that Plaintiff' petition for a writ of certiorari was denied. Accordingly, it is s ORDERED that the stay of this case is LIFTED. It is FURTHER ORDERED that the parties shall file a joint status report on or before Thursday, January 5, 2006, indicating how many days are needed for trial on Plaintiff' gender discrimination claim, the time frame in which the pretrial conference s and trial should be set, whether discovery is complete, and what other action needs to be taken in this case prior to trial. Dated: December 16, 2005 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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