Crocs, Inc. v. Effervescent, Inc et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 06-cv-00605-PAB-BNB
CROCS, INC.,
Plaintiff,
v.
ACME EX-IM, INC.,
AUSTRALIA UNLIMITED, INC.,
CHENG’S ENTERPRISES, INC.,
D. MEYERS & SONS, INC.,
DOUBLE DIAMOND DISTRIBUTION, LTD.,
EFFERVESCENT, INC.,
HOLEY SOLES HOLDINGS, LTD.,
INTER-PACIFIC TRADING CORPORATION,
SHAKA HOLDINGS, INC., and
DOES 1-10,
Defendants.
ORDER LIFTING STAY
This matter is before the Court on the Motion to Lift Stay and Transfer Record
[Docket No. 70] filed by plaintiff Crocs, Inc. On May 16, 2006, this Court
administratively closed this case pursuant to 28 U.S.C. § 1659(a) [Docket No. 31]
pending resolution of proceedings before the United States International Trade
Commission (the “Commission”). Because the proceedings before the Commission are
now final, plaintiff requests that the Court lift the stay and allow the case to continue.
Docket No. 70 at 3. Additionally, plaintiff requests that the Court allow for the transfer
of the record of the proceedings before the Commission to this Court. Id.
Case No. 1:06-cv-00605-PAB-MDB Document 75 filed 05/09/12 USDC Colorado
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For the purposes of 28 U.S.C. § 1659, the Commission proceedings become1
final after all appeals are exhausted. In re Princo Corp., 486 F.3d 1365, 1369 (Fed. Cir.
2007).
2
Having reviewed the pleading, the Court finds there is good cause to lift the stay
and administratively re-open this case.1
Accordingly, it is
ORDERED that the Motion to Lift Stay and Transfer Record [Docket No. 70] is
GRANTED. It is further
ORDERED that the stay issued pursuant to 28 U.S.C. § 1659(a) is lifted and this
case shall be administratively re-opened pursuant to D.C.COLO.LCivR 41.2. It is
further
ORDERED that the record of the proceedings before the United States
International Trade Commission shall be transmitted to this Court. It is further
ORDERED that, on or before June 8, 2012, the parties shall file status reports
regarding what deadlines should be set in this matter.
DATED May 9, 2012.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
Case No. 1:06-cv-00605-PAB-MDB Document 75 filed 05/09/12 USDC Colorado
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