Blazek Glass s.r.o. et al v. Top Notch Wellness Company et al, No. 0:2011cv01714 - Document 53 (D. Minn. 2013)

Court Description: MEMORANDUM AND OPINION that The stay on the instant action is lifted; The parties shall file a joint status letter on ECF on or before April 30, 2013, informing the Court of the progress of their settlement discussions; and This litigation shall proceed in accordance with the Order for Amended Pretrial Scheduling Conference filed contemporaneously with this Order; All prior consistent orders remain in full force and effect; and Failure to comply with any provision of this Order or any ot her prior consistent Order shall subject the non-complying party, non-complying counsel and/or the party such counsel represents to any and all appropriate remedies, sanctions and the like, including without limitation: assessment of costs, fines and attorneys fees and disbursements; waiver of rights to object; exclusion or limitation of witnesses, testimony, exhibits and other evidence; striking of pleadings; complete or partial dismissal with prejudice; entry of whole or partial default judgment; and/or any other relief that this Court may from time to time deem appropriate (Written Opinion). Signed by Magistrate Judge Tony N. Leung on 4/2/13. (GMW)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CIVIL NO. 11-CV-1714 (JNE/TNL) BLAZEK GLASS S.R.O., F/K/A BLAZEK SKLO PODEBRADY S.R.O, ET AL., Plaintiffs, MEMORANDUM OPINION & ORDER v. TOP NOTCH WELLNESS CO., ET AL., Defendant. This matter is before the Court, Magistrate Judge Tony N. Leung, on Plaintiff Blazek Glass s.r.o. s ( Blazek ) Motion to Lift the Stay and Set a Scheduling Conference (Docket No. 44). Defendants Top Notch Wellness Company, Richard Lloyd-Roberts, and Colleen Lloyd-Roberts do not oppose Blazek s Motion, but request several weeks to evaluate the reexamined patents and engage in meaningful settlement discussions before setting a schedule. (Docket No. 50.) Based on the foregoing, and all the files, records, and proceedings herein, Blazek s Motion is GRANTED, and IT IS HEREBY ORDERED that 1. The stay on the instant action is lifted; 2. The parties shall file a joint status letter on ECF on or before April 30, 2013, informing the Court of the progress of their settlement discussions; and 3. This litigation shall proceed in accordance with the Order for Amended Pretrial Scheduling Conference filed contemporaneously with this Order; 1 4. All prior consistent orders remain in full force and effect; and 5. Failure to comply with any provision of this Order or any other prior consistent Order shall subject the non-complying party, non-complying counsel and/or the party such counsel represents to any and all appropriate remedies, sanctions and the like, including without limitation: assessment of costs, fines and attorneys fees and disbursements; waiver of rights to object; exclusion or limitation of witnesses, testimony, exhibits and other evidence; striking of pleadings; complete or partial dismissal with prejudice; entry of whole or partial default judgment; and/or any other relief that this Court may from time to time deem appropriate. Date: April 2, 2013 s/ Tony N. Leung Tony N. Leung United States Magistrate Judge District of Minnesota Blazek et al. v. Top Notch Wellness Company et al. File No. 11-cv-1714 (JNE/TNL) 2

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