Opinion
Civil Action No. 06-cv-00605-PAB-BNB
05-09-2012
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.
Judge Philip A. Brimmer
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.
Having reviewed the pleading, the Court finds there is good cause to lift the stay and administratively re-open this case.
For the purposes of 28 U.S.C. § 1659, the Commission proceedings become final after all appeals are exhausted. In re Princo Corp., 486 F.3d 1365, 1369 (Fed. Cir. 2007).
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.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge