Free Order - District Court of Colorado - Colorado

Case 1:01-cv-01882-PSF-CBS

Document 131

Filed 07/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 01-cv-01882-PSF-BNB OUTLAST TECHNOLOGIES, INCORPORATED, a Colorado Corporation, Plaintiff, v. FRISBY TECHNOLOGIES, INCORPORATED, a Delaware Corporation, Defendant.

ORDER REGARDING JOINT STATUS REPORT AND SPECIAL DESIGNATION OF UNITED STATES MAGISTRATE JUDGE

THE COURT is in receipt of the Joint Status Report filed by the parties on July 11, 2005 (Dkt. # 127) in which they inform the Court that this action remains stayed by the bankruptcy court pending its decision on their petition to modify the stay solely for further proceedings on the summary judgment motions in light of the Federal Circuit' s remand. The parties also suggest that they are in " midst of settlement discussions the and there is a possibility that the parties will reach agreement before the bankruptcy court rules on Frisby' petition to modify the stay." Joint Status Report at 1. s In the Status Report the parties also represent that they are in agreement that Magistrate Judge Boland should retain jurisdiction to rule on the pending summary judgment motions in this action should the bankruptcy court modify its stay. The parties had previously stipulated to the referral of dispositive motions to the Magistrate Judge pursuant to D.C.COLO.LCivR 72.3B. Therefore, upon this specific written consent of

Case 1:01-cv-01882-PSF-CBS

Document 131

Filed 07/28/2005

Page 2 of 2

the parties, and pursuant to 28 U.S.C. § 636(c)(1) and D.C.COLO.LCivR 72.2 and 72.3, this Court hereby authorizes the Magistrate Judge to conduct any and all further proceedings herein, including ordering the entry of judgment in the case if and when appropriate. DATED: July 28, 2005 BY THE COURT:

s/ Phillip S. Figa ________________________________ Phillip S. Figa United States District Judge

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