Canadian Trophy Quest, Ltd. v. Cabela's Incorporated

Filing 59

ORDER denying 21 Motion to Dismiss for Lack of Jurisdiction and separate defendant Cabela's Outdoor Adventures, Inc. shall file its answer within 10 days of the date of this order ; having ruled on Motion to Dismiss, the Court lifts the stay on all discovery in this matter. Signed by Honorable Harry F. Barnes on September 8, 2008. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

C A N A D IA N TROPHY QUEST, LTD.

PLAINTIFF

V.

Case No. 07-CV-4099

CA BE LA'S INCORPORATED and C AB ELA 'S OUTDOOR ADVENTURES, INCORPORATED

DEFENDANTS

ORDER Before the Court is a Motion to Dismiss filed by Separate Defendant Cabela's Outdoor Adventures, Inc. ("COA"). (Doc. 21). Plaintiff has responded. (Doc. 30). COA has filed a reply to Plaintiff's response. (Doc. 40). For reasons discussed in the Memorandum Opinion of even date, Separate Defendant COA's Motion to Dismiss is DENIED. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Separate Defendant COA shall file its answer within ten days of the date of this order. In a previous order filed August 25, 2008, the Court stayed all discovery in this matter until it ruled on COA's Motion to Dismiss. Having issued a ruling on the Motion to Dismiss, the Court lifts the stay on all discovery in this matter. IT IS SO ORDERED, this 8th day of September, 2008.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge