Lysyj et al v. Milner Distribution Alliance, Inc.

Filing 159

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 9/23/2014. This civil action is STAYED based upon the Bankruptcy filing. 148 Defendants' Motion for Extension of Sc heduling Order Dates is Held in Abeyance. 153 Defendants' Motion to Quash August 28, 2014, Subpoena Duces Tecum issued by Plaintiffs to Non-Party, Level 3 Communications is Held in Abeyance. Plaintiffs are granted leave to file, on or before 10/20/ 2014, any appropriate motion to proceed against the individual defendants. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-01930-RM-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

September 23, 2014

Counsel

Parties
DANIEL LYSYJ and
DAVID RHOADS,
on behalf of themselves and others similarly situated,

Donna E. Dell’Olio

Plaintiff(s),
v.
MILNER DISTRIBUTION ALLIANCE, INC.,
d/b/a Maxx Sunglasses, a Colorado corporation,
NANCY MILNER, and
RICHARD MILNER,

Mark A. Barrionuevo
Jason R. Hirsch

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: TELEPHONIC MOTIONS HEARING
Court in Session:
10:07 a.m.
Court calls case. Appearances of counsel.
Discussion is held regarding status of defendants. It is noted the defendant corporation has
filed Chapter 11 Bankruptcy, case number 14-22962, in the United States Bankruptcy Court in
the District of Colorado, Judge Sidney B. Brooks presiding. It is believed the individual
defendants have not filed a petition for Bankruptcy.
It is ORDERED:

This civil action is STAYED based upon the Bankruptcy filing.

In light of the STAY,
It is ORDERED:
Defendants’ MOTION FOR EXTENSION OF SCHEDULING ORDER
DATES [Docket No. 148, filed September 02, 2014] is HELD IN
ABEYANCE.
It is ORDERED:

Defendants’ MOTION TO QUASH AUGUST 28, 2014, SUBPOENA
DUCES TECUM ISSUED BY PLAINTIFFS TO NON-PARTY, LEVEL 3
COMMUNICATIONS [Docket No. 153, filed September 10, 2014] is
HELD IN ABEYANCE.

It is ORDERED:

Plaintiffs are granted leave to file, on or before SEPTEMBER 30, 2014,
any appropriate motion to proceed against the individual defendants.
Defendants shall file any response within ten (10) days of the filing by
the Plaintiffs of a motion to proceed against the individual defendants.

Noting that if the Plaintiffs file their motion on September 30, 2014, Defendants shall have up to
and including October 10, 2014 within which to file any response.
Hearing concluded.
Court in recess: 10:16 a.m.
Total In-Court Time 00:09

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