Advantage Equipment Resources, LLC v. The Middleby Corporation et al
ORDER denying 12 Motion to Vacate the preliminary pretrial conference. Signed by Magistrate Judge Mark R. Abel on 8/30/13. (sh1)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Advantage Equipment Resources,
Civil Action 2:13-cv-00542
Magistrate Judge Abel
The Middleby Corporation,
Defendants’ August 29, 2013 motion to vacate the notice of the preliminary
pretrial conference (doc. 12) is DENIED.
Based on my reading of the briefs regarding defendant’s motion to dismiss/stay,
should this federal lawsuit go forward it should begin with The Middleby Corporation
filing their motion for summary judgment within a time frame consistent with Judge
Bridget May McGrath’s February 21, 2012 Briefing Scheduling Order, (July 26, 2013
Motion to Dismiss, Ex. 5, PageID 175), because it would be an inefficient use of judicial
resources to permit a party to voluntarily dismiss to avoid briefing a case-dispositive
motion and then re-start the case anew. Nonetheless, this court and the public have an
interest in the expeditious, just resolution of disputes. In many cases, the best resolution
of a dispute is the parties’ own early, hard-bargained, negotiated resolution of their
dispute. Unfortunately, it appears that the parties here have spent considerable time,
energy, and money on this dispute without being able to resolve it themselves. This
court has an interest in determining what settlement discussions the parties have had
and whether they have reasonably exhausted those discussions. If not, the court needs
to determine what additional information, if any, the parties need to have meaningful
settlement discussions, and set a framework for those discussions.
The parties must hold a conference of the parties to discuss the matters set out
above but need not prepare a Rule 26(f) report. The Rule 16 scheduling conference will
be limited to the matters set out above.
s/Mark R. Abel
United States Magistrate Judge
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