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Contract: Other | Colorado
Minute Order
MINUTE ORDER. On July 31, 2026, the parties filed a 132 Joint Status Report at the Court's request.In the status report, the parties assert that the Court has not yet ruled on the Motion for Summary Judgment purportedly filed by Checkers in the related case, No. 1:22-cv-02942-JLK. However, to the Court's knowledge, no Motion for Summary Judgment has been filed in that case, and despite multiple reviews of the docket, the Court has been unable to locate any such motion. This is especially puzzling when Defendant IAT's 114 Opposition to Checker's Motion for Summary Judgment, IAT specifically alleges "Checkers has not moved for summary judgment against the individual beneficiaries of the APA in the related case, Checkers Industrial Products LLC v. Berardi, No. 1:22-CV 02942 (D. Colo.)."The status report also contains internally inconsistent requests. The parties ask that the 131 Order Granting Summary Judgment "be stayed without prejudice to either party's right to move for reconsideration within the time limits prescribed by the Federal Rules of Civil Procedure." Yet, in the very next sentence, they state that "[n]othing within this paragraph shall be construed as an agreement between the parties to toll or extend the rights or deadlines of any party seeking reconsideration of [the Order] pursuant to the Federal Rules of Civil Procedure."The parties cannot simultaneously request that the Court preserve or extend their ability to seek reconsideration while also disclaiming any intent to toll or extend the applicable deadlines. These requests are inconsistent.Accordingly, the 132 Joint Status Report filed on July 31, 2026, is STRUCK. If the parties seek relief from the Court, they shall file an appropriate motion no later than August 21, 2026, clearly identifying the specific relief requested. If the parties do not seek relief, they shall file a joint status report by August 21, 2026, setting forth their proposed procedure for proceeding with the determination of damages, by Judge John L. Kane on 8/4/2026. Text Only Entry (ccuen, )
Status Report
Joint STATUS REPORT by Plaintiff/Counterclaim Defendant and Defendant/Counterclaimant by Plaintiff Checkers Industrial Products, LLC, Counter Defendant Checkers Industrial Products, LLC. (Moncecchi, Dino)
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