Free Motion to Stay - District Court of Colorado - Colorado

Case 1:01-cv-01917-REB-MJW

Document 199

Filed 01/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01917-REB-MJW DENNIS MICHAEL BLAY #80434, Plaintiff, v. JOHN REILLY, RICHARD GRAHAM, and CHARLIE PELLITIER, Defendants. STATE DEFENDANTS' MOTION TO STAY Defendants, John Reilly, Richard Graham, and Charlie Pellitier, collectively "State Defendants," through the Colorado Attorney General, submit their motion to stay the case. In support thereof, these Defendants state as follows: __________________________ D.C.L.R. 7.1 In compliance with D.C.Loc.R. 7.1(A), undersigned conferred with Plaintiff Dennis Michael Blay during the parties' status conference on Thursday, January 3, 2008 about the relief sought in this motion. Plaintiff indicated that he did not want to stay the case, but understood a motion would likely be forthcoming from defendants. 1. ____________________________ On January 28, 2008, State Defendants filed a Motion for Summary Judgment

on the surviving claims of Plaintiffs' Complaint. State Defendants' Motion alleges that Plaintiff's remaining claims are barred because he failed to exhaust his administrative

Case 1:01-cv-01917-REB-MJW

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remedies before filing suit, as mandated by the Prisoner Litigation Reform Act, 42 U.S.C. 1997e(a) (PLRA). 2. One of the purposes of PLRA is to separate potentially meritorious lawsuits

from those without merit, thus alleviating the burden of prisoner lawsuits on the federal court system. Robbins v. Chronister, 402 F.3d 1047, 1051 (10th Cir. 2005). 3. Briefing of State Defendants' Motion will likely take several weeks, and if

Defendants' Motion is successful, there will be no need for discovery to occur in this case. 4. To conserve scarce judicial resources and to spare the parties the time and

expense of discovery, State Defendants respectfully request that the Court stay this case pending a ruling on their Motion, and that the Court vacate the scheduling conference currently set for January 31, 2008. 5. No party will be prejudiced by the stay requested herein, and a stay is in the

interests of justice and judicial economy. WHEREFORE, Defendants respectfully request the case be stayed pending the Court's determination of State Defendants' Motion for Summary judgment, and that the Court vacate the scheduling conference currently set for January 31, 2008. Respectfully submitted this 29th day of January, 2008.

JOHN W. SUTHERS Attorney General s/ Andrew Katarikawe 2

Case 1:01-cv-01917-REB-MJW

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ANDREW KATARIKAWE* WILLIAM V. ALLEN, 26386* Assistant Attorneys General Tort Litigation General Litigation Attorneys for Defendants 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5327 *Counsel of Record

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Case 1:01-cv-01917-REB-MJW

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CERTIFICATE OF SERVICE This is to certify that I have duly served the within State Defendants' Motion to Stay upon all parties hereby by depositing copies of same in the United States mail, firstclass postage prepaid, at Denver, Colorado, this 29th th day of January, 2008 addressed as follows: Dennis Michael Blay #80434 c/o Crowley County Correctional Facility 6564 State Highway 96 Unit 1-A-3134 Olney Springs, CO 81062-8700 Vic Garcia Case manager for Dennis Blay, #80434 c/o Crowley County Correctional Facility 6564 State Highway 96 Olney Springs, CO 81062-8700 s/ Mary A. Brown ____________________________ Cathie Holst, Legal Services Department of Corrections 2862 South Circle Drive, Rm. 400 Colorado Springs, CO 80906

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