Free Order on Motion to Stay - District Court of Colorado - Colorado

Case 1:04-cv-00762-RPM

Document 58

Filed 05/19/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 04-cv-00762-RPM J. DAVID EVANS and BERNITA M. EVANS, Plaintiffs, v. ANN M. VENEMAN, Secretary, United States Department of Agriculture, Defendant.

ORDER FOR STAY PENDING APPEAL

Pursuant to the Defendant' Motion for Stay Pending Appeal, filed January 12, s 2006, and the plaintiffs' response, filed January 30, 2006, and because the primary issue on the defendant' appeal is the question of this Court' jurisdiction to enter the s s Judgment of November 1, 2005, and because the Court sees no prejudice to the plaintiffs from the issuance of a stay, it is ORDERED that the defendant' compliance with the Court' Judgment on s s November 1, 2005, is stayed pending resolution of the appeal. Dated: May 19, 2006 BY THE COURT:

s/Richard P. Matsch ____________________________________ Richard P. Matsch, Senior District Judge