Summary
The United States District Court for the District of Colorado denied Christopher Morris’s motion to stay proceedings pending a forthcoming motion to remand, or alternatively to extend the deadline to respond to Frontier Airlines’ motion to dismiss. Applying the String Cheese factors, the court concluded that a stay was not warranted and ordered Morris to respond to the motion to dismiss by January 16, 2026.
Holdings
- A stay or indefinite extension was not warranted because the relevant factors weighed against delaying briefing and resolution of the pending jurisdictional motion.
Questions Presented
- Whether the court should stay all proceedings or extend the deadline to respond to Frontier's Rule 12(b)(1) motion pending resolution of Morris's forthcoming motion to remand.
- Whether the String Cheese factors supported a stay in light of potentially intertwined jurisdictional issues.
Disposition
other
Cases Cited (12)
- Landis v. N. Am. Co., 299 U.S. 248, 254–55 (1936)(followed)
- Kremmling Sanitation Dist. v. Everest Nat. Ins. Co., No. 09-cv-00635-PAB-BNB, 2009 WL 1324124, at *1 (D. Colo. May 12, 2009)(followed)
- Kissing Camels Surgery Ctr., LLC v. Centura Health Corp., No. 12-cv-03012-WJM-NYW, 2015 WL 9304625, at *4 (D. Colo. Dec. 22, 2015)(followed)
- Profitstreams LLC v. Ameranth, Inc., No. 11-cv-01710-RBJ-KLM, 2011 WL 5024912, at *1 (D. Colo. Oct. 21, 2011)(followed)
- United Food & Com. Workers Int'l Union, Loc. No. 7 v. King Soopers, Inc., No. 13-cv-02335-RM-KMT, 2014 WL 2536489, at *1 (D. Colo. June 5, 2014)(followed)
- Clarendon Nat'l Ins. Co. v. Glickauf, No. 18-cv-02549-CMA-NYW, 2019 WL 1897845, at *2 (D. Colo. Feb. 14, 2019)(followed)
- String Cheese Incident, LLC v. Stylus Shows, Inc., No. 05-cv-01934-LTB-PAC, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006)(followed)
- Howell v. Gate Gourmet, Inc., No. 24-cv-00633-RMR-KAS, 2024 WL 5055585, at *2–3 (D. Colo. June 19, 2024)(followed)
- Bank of Colorado v. Wibaux 1, LLC, No. 17-cv-02871-CMA-KMT, 2018 WL 2562662, at *4 (D. Colo. June 4, 2018)(followed)
- Downey v. Am. Nat'l Prop. & Cas. Co., No. 1:11-cv-00587-MCA-KBM, 2012 WL 13071548, at *11 (D.N.M. Mar. 31, 2012)(followed)
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