U.S.A. Dawgs, Inc. v. Crocs, Inc. et al

Filing 51

ORDER that this action is STAYED pending termination of Plaintiff's bankruptcy proceeding. Plaintiff shall notify the court of the termination of its bankruptcy proceeding within 14 days following termination thereof. Defendant's 44 Motion for Sanctions is Denied without prejudice. Plaintiff's 49 Motion for Leave to File a Sur-Reply is Denied. Signed by Judge James C. Mahan on 2/7/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 U.S.A. DAWGS, INC., 8 Plaintiff(s), 9 10 Case No. 2:17-CV-2054 JCM (NJK) ORDER v. CROCS, INC., et al., 11 Defendant(s). 12 13 14 Presently before the court is U.S.A. Dawgs, Inc. v. Crocs Inc., case number 2:17-cv-02054JCM-PAL. 15 On February 1, 2018, plaintiff U.S.A. Dawgs, Inc., filed a notice of bankruptcy. (ECF No. 16 50). The only outstanding substantive motion in the case is defendant Crocs, Inc.’s motion for 17 sanctions against plaintiff.1 Therefore, pursuant to 11 U.S.C. § 362, plaintiff’s bankruptcy petition 18 operates as an automatic stay on the instant action. See 11 U.S.C. § 362(a). 19 Accordingly, 20 IT IS HEREBY ORDERED that this action is STAYED pending termination of plaintiff’s 21 22 23 24 25 bankruptcy proceeding. IT IS FURTHER ORDERED that plaintiff shall notify the court of the termination of its bankruptcy proceeding within fourteen (14) days following termination thereof. IT IS FURTHER ORDERED that defendant’s motion for sanctions (ECF No. 44) be, and the same hereby is, DENIED WITHOUT PREJUDICE. 26 27 28 James C. Mahan U.S. District Judge Plaintiff filed a motion for leave to file a surreply to defendant’s motion for sanctions. (ECF No. 49). 1 1 2 3 4 IT IS FURTHER ORDERED that plaintiff’s motion for leave to file a sur-reply (ECF No. 49) be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that following notification of termination of plaintiff’s bankruptcy proceeding, defendant may renew its motion for sanctions. 5 Accordingly, 6 IT IS SO ORDERED. 7 DATED February 7, 2018. 8 9 __________________________________________ UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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