Calico Brand, Inc. v. Ameritek Imports, Inc.

Federal Circuit

Calico Brand, Inc. v. Ameritek Imports, Inc.

408 F. App'x 363

CourtCourt of Appeals for the Federal Circuit

DecidedFebruary 4, 2011

Docket2008-1324, 2008-1325, 2008-1341

StatusUnpublished

This text of 408 F. App'x 363 (Calico Brand, Inc. v. Ameritek Imports, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Calico Brand, Inc. v. Ameritek Imports, Inc., 408 F. App'x 363 (Fed. Cir. 2011).

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Opinion

ON MOTION

ORDER

Calico Brand, Inc. and Honson Marketing Group, Inc. (Calico) move to lift the stay of proceedings and set a briefing schedule with respect to its claims against Acme International Enterprises, Inc. Acme responds and “takes no position” on the motion.

These appeals were stayed pursuant to 11 U.S.C. § 362 upon the filing of Ameritek Imports, Inc.’s bankruptcy petition. Calico asserts that the appeals with respect to Acme should proceed. The court notes that it has not received a recent status report from Ameritek regarding the status of the bankruptcy proceedings following the status report received on September 28, 2010. A status report was due in December of 2010. It appears from a review of the bankruptcy court docket that proceedings before that court may be completed.

Accordingly,

It Is Ordered That:

(1) Ameritek is directed to file a status report in 2008-1324, -1325 within 14 days concerning the status of the bankruptcy proceeding. If this court does not receive a status report, Ameritek’s cross-appeal, 2008-1325, will be dismissed, the stay of the briefing schedule will be lifted, Calico’s opening brief will be due within 60 days of the date of filing of this order, and 2008-1324, -1341 will proceed.

(2) The motion is denied without prejudice to renewal.

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ON MOTION

ORDER

Calico Brand, Inc. and Honson Marketing Group, Inc. (Calico) move to lift the stay of proceedings and set a briefing schedule with respect to its claims against Acme International Enterprises, Inc. Acme responds and “takes no position” on the motion.

These appeals were stayed pursuant to 11 U.S.C. § 362 upon the filing of Ameritek Imports, Inc.’s bankruptcy petition. Calico asserts that the appeals with respect to Acme should proceed. The court notes that it has not received a recent status report from Ameritek regarding the status of the bankruptcy proceedings following the status report received on September 28, 2010. A status report was due in December of 2010. It appears from a review of the bankruptcy court docket that proceedings before that court may be completed.

Accordingly,

It Is Ordered That:

(1) Ameritek is directed to file a status report in 2008-1324, -1325 within 14 days concerning the status of the bankruptcy proceeding. If this court does not receive a status report, Ameritek’s cross-appeal, 2008-1325, will be dismissed, the stay of the briefing schedule will be lifted, Calico’s opening brief will be due within 60 days of the date of filing of this order, and 2008-1324, -1341 will proceed.

(2) The motion is denied without prejudice to renewal.

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408 F. App'x 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calico-brand-inc-v-ameritek-imports-inc-cafc-2011.

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