Two Moms and a Toy, LLC v. International Playthings, LLC

Filing 46

MINUTE ORDER granting 45 the Joint Motion to Stay Schedule for Claim Construction Briefs and Markman Hearing. Briefing on claim construction is stayed pending Magistrate Judge Boland's ruling on plaintiff's 42 Motion for Leave to Join P arties and Amend First Amended Complaint. Within three days of the ruling on the motion, the parties shall file a revised schedule for claim construction briefing. The Markman hearing currently set for 8/25/2011 at 9:00 AM is vacated. By Judge Philip A. Brimmer on 6/6/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02271-PAB-BNB
TWO MOMS AND A TOY, LLC, a Colorado limited liability company,
Plaintiff,
v.
INTERNATIONAL PLAYTHINGS, LLC, a Delaware limited liability company,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Joint Motion to Stay Schedule for
Claim Construction Briefs and Markman Hearing [Docket No. 45]. The parties advise
the Court that plaintiff has filed a motion to amend the complaint [Docket No. 42] which
the Court has referred to Magistrate Judge Boyd N. Boland. The magistrate judge has
set a briefing schedule and hearing on the motion [Docket No. 44], and the parties seek
a stay of the Court’s deadlines for filing claim construction briefs while the motion is
pending. The parties do not, however, seek rescheduling of the Markman hearing,
currently set for August 25, 2011 at 9:00 a.m. See Docket No. 41. Nonetheless, the
Court finds that vacating the Markman hearing is appropriate in light of the parties’
request to stay the briefing schedule. Accordingly, it is
ORDERED that the Joint Motion to Stay Schedule for Claim Construction Briefs
and Markman Hearing [Docket No. 45] is GRANTED. It is further
ORDERED that briefing on claim construction is stayed pending Magistrate
Judge Boland’s ruling on plaintiff’s Motion for Leave to Join Parties and Amend First
Amended Complaint [Docket No. 42]. Within three days of the ruling on the motion, the
parties shall file a revised schedule for claim construction briefing. It is further
ORDERED that the Markman hearing currently set for August 25, 2011 at 9:00
a.m. is VACATED.

Dated June 6, 2011.