Salba Corp. v. X Factor Holdings, LLC

Full title: SALBA CORP., N.A., a Canadian corporation, SALBA SMART NATURALS PRODUCTS…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Sep 15, 2014

Civil Action No. 12-cv-01306-REB-KLM (D. Colo. Sep. 15, 2014)

Opinion

Civil Action No. 12-cv-01306-REB-KLM

09-15-2014

SALBA CORP., N.A., a Canadian corporation, SALBA SMART NATURALS PRODUCTS, a Colorado limited liability company, WILLIAM A. RALSTON, and RICHARD L. RALSON, Plaintiffs, v. X FACTOR HOLDINGS, LLC, an inactive Florida limited liability company, ANCIENT NATURALS, LLC, a Florida limited liability company, MITCHELL A. PROPSTER, a resident of the State of Florida, CORE NATURALS, LLC, a Florida limited liability company, and NATURAL GUIDANCE, LLC, a Florida limited liability company, Defendants.

ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This matter is before the Court on Plaintiffs' oral Motion for Spoliation Sanctions (the "Motion"). A trial is set in this matter to begin on September 29, 2014. The Court's and the parties' schedules will not permit a hearing on the Motion prior to the start of trial. Plaintiffs have been provided with an opportunity to withdraw the Motion and to proceed to trial as scheduled. They have elected not to withdraw the Motion despite understanding that a continuance of the trial will be necessary in order to adjudicate the Motion.

Accordingly,

IT IS RESPECTFULLY RECOMMENDED that the Jury Trial set to begin on September 29, 2014, be VACATED and RESET to a date convenient to the District Judge's calendar.

IT IS ORDERED that pursuant to Fed. R. Civ. P. 72, the parties shall have fourteen (14) days after service of this Recommendation to serve and file any written objections in order to obtain reconsideration by the District Judge to whom this case is assigned. A party's failure to serve and file specific, written objections waives de novo review of the Recommendation by the District Judge, Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 147-48 (1985), and also waives appellate review of both factual and legal questions. Makin v. Colo. Dep't of Corr., 183 F.3d 1205, 1210 (10th Cir. 1999); Talley v. Hesse, 91 F.3d 1411, 1412-13 (10th Cir. 1996). A party's objections to this Recommendation must be both timely and specific to preserve an issue for de novo review by the District Court or for appellate review. United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996).

Dated: September 15, 2014

BY THE COURT:

/s/

Kristen L. Mix

United States Magistrate Judge