IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 06cv01631MSKBNB
EF COMPOSITION TECHNOLOGIES, L.P.,
Plaintiff,
v.
JURGEN DENK,
STEPHEN PARKER,
JOHN FOUST,
BRENT MAIL,
RACKET SPORTS, LLC,
4 GUYS & GIRLS MARKETING, LLC, and
DOES 1 to 10, inclusive,
Defendants.
ORDER SETTING FED.R.CIV.P.16 HEARING
THIS MATTER comes before the Court on an Order Granting Defendants’ Motion to
Transfer to District of Colorado, issued by Judge Roger T. Benitez of the United States District
Court for the Southern District of California. Having considered the entirety of the Court file, the
Court
FINDS that:
This action was commenced on August 24, 2005 in the Superior Court for the State of
California by Plaintiff EF Composition Technologies, L.P. Named as Defendants in the
Complaint were Sports and Gear, LLC, Jurgen Denk, Stephen Parker, John Foust, Brent Mail,
Racket Sports, LLC, 4 Guys & Girls Marketing, LLC, and Does 1 to 10. Of these Defendants,
only Defendants Denk and Parker have been served with process.
Defendants Denk and Parker removed the action to federal court. They subsequently
Case 1:06-cv-01631-MSK Document 21 Filed 08/24/2006 Page 1 of 2
EF Composition Technologies, L.P. v. Sports & Gear, LLC et al
Doc. 21
Dockets.Justia.com
1 For this reason, the Court has deleted Sports and Gear, LLC from the caption.
2
dismissed their claims against Sports and Gear, LLC.1 The federal court in California issued an
order directing the Plaintiff to show cause why its claims against the remaining Defendants should
not be dismissed for lack of prosecution in accordance with Fed. R. Civ. P. 4(m). A hearing was
held on the show cause order, and for reasons not apparent from the record, the order to show
cause was discharged.
On August 10, 2006, Judge Benitez issued an Order transferring the action to this Court
on the basis that it is related to a Chapter 7 bankruptcy case initiated by Sports & Gear, LLC.
However, on August 17, 2006, that bankruptcy case was