Salba Corp., N.A. et al v. X Factor Holdings, LLC et al

Filing 37

ORDER STAYING CASE AND VACATING TRIAL. The parties' 36 Joint Status Report and Motion To Stay Litigation is granted. Except for proceedings in aid of the parties efforts to complete the tasks required by their settlement agreement, this cas e is stayed until 10/5/2013. The Trial Preparation Conference currently set 7/26/2013, at 3:30 PM, and the trial currently set to begin 8/12/2013, at 8:30 AM are vacated. On or before 10/5/2013, the parties shall file their anticipated joint stipulated motion to dismiss this case based on their settlement agreement. By Judge Robert E. Blackburn on 7/22/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01306-REB-KLM
SALBA CORP., N.A., a Canadian corporation,
SALBA SMART NATURALS PRODUCTS, a Colorado limited liabilty company,
WILLIAM A. RALSTON, and
RICHARD L. RALSTON,
Plaintiffs,
v.
X FACTOR HOLDINGS, LLC, an inactive Florida limited liability company, and
ANCIENT NATURALS, LLC, a Florida limited liability company,
Defendants.

ORDER STAYING CASE AND VACATING TRIAL
Blackburn, J.
This matter is before me on the parties’ Joint Status Report and Motion To
Stay Litigation [#36]1 filed July 2, 2013. On March 7, 2013, the parties executed a
settlement agreement resolving their dispute. The settlement agreement requires the
parties to perform certain tasks. Shortly after the settlement agreement was executed,
this case was stayed pending completion of the tasks contemplated in the settlement
agreement. Some of the tasks have been completed; other tasks have not yet been
completed. The parties anticipate that the tasks not yet completed can be completed
within the coming three months.
Currently, trial is set to begin on August 12, 2013. Anticipating that it will take an

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“[#36]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

additional three months to complete all of the tasks contemplated in the settlement
agreement, the parties seek an extension of the existing stay of this litigation until
October 5, 2013. They propose to file a stipulated motion to dismiss this case on or
before October 5, 2013.
THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Joint Status Report and Motion To Stay Litigation [#36]
filed July 2, 2013, is GRANTED;
2. That except for proceedings in aid of the parties’ efforts to complete the tasks
required by their settlement agreement, this case is STAYED until October 5, 2013;
3. That the Trial Preparation Conference currently set July 26, 2013, at 3:30
p.m., and the trial currently set to begin August 12, 2013, at 8:30 a.m. are VACATED;
4. That on or before October 5, 2013, the parties SHALL FILE their anticipated
joint stipulated motion to dismiss this case based on their settlement agreement.
Dated July 22, 2013, at Denver, Colorado.
BY THE COURT:

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