Precision Fitness Equipment, Inc. v. Nautilus, Inc.

Filing 179

ORDER re: 178 Third-Party Defendants Notice of Unavailability submitted by Jan Douglas Atlas, as attorney for Plaintiff/Counterclaim Defendant Precision Fitness Equipment of Pompano Beach and Third-Party Defendants. Attorney Jan Atlas has never ent ered an appearance as counsel in this case. To the extent that this Court reads this notice as vaguely purporting to be a motion for continuance of the Final Trial Preparation Conference and Trial (FTPC) dates set by this Court on September 13, 2010, see docket 175 , that motion is DENIED. Both the FTPC date of November 19, 2010, and the trial date of November 30, 2010, were discussed with and cleared by counsel of record, Samantha Haimo and Matt Smith, and these dates will proceed as set. by Judge Christine M. Arguello on 9/20/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08-cv-01228-CMA-KLM PRECISION FITNESS EQUIPMENT, INC., Plaintiff, v. NAUTILUS, INC., Defendant, v. COMMERCIAL FITNESS PRODUCTS, INC., COMMERCIAL FITNESS PRODUCTS OF GEORGIA, INC., COMMERCIAL FITNESS PRODUCTS OF KENTUCKY, INC., COMMERCIAL FITNESS PRODUCTS OF PUERTO RICO, INC., and RICHARD WASSERLAUF, Third-Party Defendants. ORDER REGARDING THIRD-PARTY DEFENDANTS' NOTICE OF UNAVAILABILITY This matter is before the Court on Third-Party Defendants' Notice of Unavailability (Doc. # 178), submitted by Jan Douglas Atlas, as attorney for Plaintiff/ Counterclaim Defendant Precision Fitness Equipment of Pompano Beach and ThirdParty Defendants. The Court hereby advises that such "notice" is not an appropriate filing in this court. The Court further notes that over the course of the two years this case has been pending in this Court, the only counsel of record for Plaintiff or Third-

Party Defendants has been Samantha Haimo. Attorney Jan Atlas has never entered an appearance as counsel in this case. To the extent that this Court reads this "notice" as vaguely purporting to be a "motion for continuance" of the Final Trial Preparation Conference and Trial ("FTPC") dates set by this Court on September 13, 2010 (see Doc. # 175), that motion is DENIED. Both the FTPC date of November 19, 2010, and the trial date of November 30, 2010, were discussed with and cleared by counsel of record, Samantha Haimo and Matt Smith, and these dates will proceed as set. DATED: September 20 , 2010 BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

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