Pittsburgh Standard Spine Co. v. Lanx, LLC

Filing 126

ORDER. The Stipulated Motion For Entry of Settlement Agreement as anOrder of The Court and Administrative Closure of Case 121 filed 07/22/2010, is GRANTED. The Settlement Agreement 123 filed 07/22/2010, is APPROVED and entered as an order of the court. Pursuant to D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil action administratively, subject to re-opening for good cause. The Trial Preparation Conference set for 07/23/2010, and thetrial to the court set to commence 07/26/2010, are VACATED. By Judge Robert E. Blackburn on 07/29/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-01062-REB-MJW PITTSBURGH STANDARD SPINE CO., Plaintiff and Counterclaim Defendant, v. LANX, INC., AS SUCCESSOR TO LANX, LLC, Defendant and Counterclaimant. _____________________________________________________________________ ORDER GRANTING STIPULATED MOTION FOR ENTRY OF SETTLEMENT AGREEMENT AS AN ORDER OF THE COURT AND ADMINISTRATIVE CLOSURE OF CASE _____________________________________________________________________ Blackburn, J. The matter is before the court on the Stipulated Motion For Entry of Settlement Agreement as an Order of The Court and Administrative Closure of Case [#121] filed July 22, 2010. Having reviewed motion and the file, I conclude that the motion should be granted and that this action should be administratively closed. The Settlement Agreement [#123] filed July 22, 2010, is the product of vigorous litigation and arms-length negotiation by the parties, including mediation ordered by the Court, regarding the claims, defenses, and other issues in the case, including, but not limited to, the parties' competing views about the fair market value of certain services provided by Pittsburgh Standard Spine Co. The parties were advised by competent counsel and experts of their choosing regarding the above-captioned litigation, the settlement negotiations, and the fair market value of Pittsburgh's services. The Settlement Agreement represents a reasonable compromise of the parties' competing claims and defenses in this litigation;

THEREFORE, IT IS ORDERED as follows: 1. That the Stipulated Motion For Entry of Settlement Agreement as an Order of The Court and Administrative Closure of Case [#121] filed July 22, 2010, is GRANTED; 2. That the Settlement Agreement [#123] filed July 22, 2010, is APPROVED and entered as an order of the court; 3. That pursuant to D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil action administratively, subject to re-opening for good cause; 4. That if no action is taken to re-open this case by January 31, 2012, it shall be dismissed with prejudice without further notice; provided, furthermore, that except as provided for in the Settlement Agreement, each party shall bear their own costs and attorney fees; and 5. That the Trial Preparation Conference set for Friday, July 23, 2010, and the trial to the court set to commence Monday, July 26, 2010, are VACATED. Dated July 29, 2010, at Denver, Colorado. BY THE COURT:

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