Star, Inc. v. QFA Royalties, LLC

Filing 93

ORDER That Plaintiff Star Inc., shall have up to and including April 3, 2009 in which to file a Second Amended Complaint; That QFA Royalties LLC shall have up to and including 20 days after the filing of such SAC to file a responsive pleading to that SAC; and Status Conference set for 5/13/2009 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 3/10/09. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02223-WYD-CBS STAR, INC., a Washington corporation Plaintiff, v. QFA ROYALTIES LLC, a Delaware Limited Liability Company authorized to do business in the State of Colorado, Defendant.

ORDER RE: FILING AMENDED COMPLAINT THE COURT held a status conference in this matter on February 27, 2009 (Docket No 92). Defendant QFA Royalties LLC, represented that it will not assert Sections 16.2 (b) or (c) of the May 26, 1999 Area Director Marketing Agreement (ADMA) as a basis not to renew Plaintiff Star, Inc.'s area director rights (and it agrees that Star, Inc. has complied with the requirements Section16.4 with respect to a notice of intent to exercise its option to renew). Thus, the nature of any claims relating to the renewal or non-renewal of the ADMA has changed and the parties have agreed that it is appropriate for Plaintiff Star, Inc. to amend the current complaint, which may include other claims in addition to renewal or non renewal. Accordingly, QFA Royalties LLC agrees not to oppose the filing of an amended complaint by Star, Inc., but reserves all rights and defenses to any claims asserted therein (recognizing that it will not assert Section 16.2 (b) or

(c) or the method or timing of notice under Section 16.4 of the ADMA as a basis not to renew), and the Court being fully apprised of the premises: IT IS HEREBY ORDERED AS FOLLOWS: A. That Plaintiff Star Inc., shall have up to and including April 3, 2009 in which to

file a Second Amended Complaint ("SAC"); B. That QFA Royalties LLC shall have up to and including 20 days after the filing of

such SAC to file a responsive pleading to that SAC; and C. That a status conference will be held on May 13, 2009 at 8:30 a.m. (Mountain

Time) in Courtroom A-402, Fourth Floor, of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The purpose of the status conference is to discuss the need for additional discovery and changes to, if any, the scheduling order in light of the SAC. DATED at Denver, Colorado, this 10th day of March, 2009, nunc pro tunc February 27, 2009. BY THE COURT:

s/Craig B. Shaffer Craig B. Shaffer United States Magistrate Judge

2

APPROVED AS TO FORM: /s/ Eldon E. Silverman, Esq. _________________________________ Eldon E. Silverman, Esq. Preeo Silverman Green & Egle, P.C. 1401 Seventeenth Street, Suite 800 Denver, Co 80202 Phone [phone] Fax [phone] Email: [e-mail] Attorney for Star, Inc. /s/ Leonard M. MacPhee, Esq. ____________________________________ Leonard M. MacPhee, Esq. Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, Co 80202 Phone [phone] Fax [phone] Email: [e-mail] Attorney for QFA Royalties LLC

3