Davis et al v. Sherwin-Williams Company, The et al

Filing 21

ORDER finding as moot 17 Motion to Stay and 19 Motion for Extension of Time to File Response/Reply, as set forth. Signed by Honorable Jimm Larry Hendren on December 7, 2010. (sh)

Davis et al v. Sherwin-Williams Company, The et al

Doc. 21

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION PAMELA SUE DAVIS and SAM H. DAVIS, Her Husband v. Civil No. 10-3030

PLAINTIFFS

THE SHERWIN-WILLIAMS COMPANY and LEASE PLAN U.S.A., INC. ORDER Now on this 7th day of December, 2010,

DEFENDANTS

come

on

for

consideration Defendants' Joint Motion To Stay Discovery (document #17) and Plaintiffs' Motion To Extend The Time Within Which Plaintiffs Must Respond To Defendants' Motion For Summary

Judgment, et al. (document #19), and from said motions, and the arguments of counsel in a telephone conference this date, the Court finds and orders as follows: 1. The pending motions arise out of the intersection of

pending discovery requests on the part of plaintiffs and a motion for summary judgment filed by defendants which involves what appears to be a purely legal issue. Defendants would prefer not

to respond to the discovery until the Court rules on their motion; plaintiffs assert their right to receive the outstanding discovery in aid of their response and in support of a proposed amendment to their Complaint. 2. the Pursuant to the agreements of the parties reached during conference, the Court directs that defendants

telephone

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respond to plaintiffs' outstanding discovery as fully as possible (excluding information covered by such clear protections as the attorney-client privilege) on or before December 21, 2010. If a

dispute still exists as to this discovery, the parties are to contact the Court via telephone and attempt to promptly resolve it. 3. Plaintiffs will be allowed to amend their Complaint to

state a claim of independent negligence on the part of The Sherwin-Williams Company, and should do so on or before December 13, 2010. 4. Plaintiffs' time to respond to the pending Motion For

Summary Judgment is extended to January 5, 2011. IT IS THEREFORE ORDERED that, consistent with the agreements of the parties outlined herein, Defendants' Joint Motion To Stay Discovery (document #17) and Plaintiffs' Motion To Extend The Time Within Which Plaintiffs Must Respond To Defendants' Motion For Summary Judgment, et al. (document #19) are moot. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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